Company computers and porn

Can you watch porn on a work laptop? : NoStupidQuestions

company computers and porn

Using your work laptop as your personal computer can prove unavoidable. says Ebba Blitz, CEO of laptop encryption company AlertSec. Using a work computer to watch pornography could lead to dismissal to access websites categorised as pornography" were made from computers within parliament in the past year. . I work for my own Limited company. A City of Baltimore employee was fired for watching porn for 39 hours at work, Highly classified information within your own company.

company computers and porn

Misconduct can be a "fair reason" for dismissal under employment law. Employers are always going to be in a stronger position to discipline staff if they have a disciplinary policy which spells out what amounts to gross misconduct in order that they can say you had full notice of what amounted to a wrongdoing. Most policies will almost certainly cover misuse of the internet and will also state that the list of what can amount to gross misconduct is not exhaustive — thus giving an employer more flexibility when it comes to disciplinary action.

An employer does, however, need to be consistent in their approach to disciplinary action; it cannot, for example, rely on a gross misconduct charge for one person who accesses inappropriate material on the web, but overlook others who have engaged in the same or similar conduct. Not all cases of internet misuse will amount to gross misconduct, and thus dismissal.

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An employer will still have to show that a dismissal is within a band of reasonable responses to the misconduct, and if the matter reached an employment tribunal, the tribunal must assess whether dismissal was indeed a reasonable sanction having regard to the mitigating circumstances of the case. In other words, just because it can amount to gross misconduct doesn't mean that dismissal is always an appropriate sanction. Sometimes, of course, there may be valid reasons why you have tried to access a site that is off-limits.

But the safest approach is to make your employer aware first and, if you are not looking for work purposes, wait until you get home. Are you aware of your employer's internet policy?

company computers and porn

This is the issue that was decided by the Court of Appeal. The facts on which the Court of Appeal relied in finding that the teacher had an objectively reasonable expectation of privacy in the use of the school laptop were: Teachers were provided with exclusive possession of the laptops, and permitted to use passwords to limit access.

company computers and porn

Teachers were permitted to use the laptops for personal use and take the laptops home on evenings, weekends and vacations. Although the written policies expressly prohibited the storage of sexually explicit content on the computers, they failed to warn employees that the computers were subject to search.

company computers and porn

Although the school policies expressly stated that there was no expectation of privacy with respect to e-mail, they failed to expressly warn that there was no expectation of privacy with respect to other data stored and other use of the computer. The Court of Appeal acknowledged that the subsequent investigations of the principal and school board in acquiring the laptop, and performing further searches were appropriate pursuant to their obligations to protect their students.

company computers and porn

In managing computer use, employers should take from this, and previous decisions, the following: Written policies governing the use of computers or any company equipment are a must.

Policies should expressly and very clearly identify: In the event that inappropriate use of a computer is discovered during legitimate network monitoring, subsequent investigations, including a more thorough examination of the computer will likely be held to be reasonable, particularly where the inappropriate use triggers a statutory obligation, such as the reporting requirements under the Child Pornography Reporting Act.

If there is reason to believe that an employee is misusing the company computer, courts, tribunals, and the privacy commissions will expect the employer to confront the employee, present the concern or evidence of inappropriate use, and give the employee an opportunity to explain before any surreptitious monitoring is undertaken. This obligation is tempered by evidence of criminal misconduct, such as evidence of engaging in child pornography.

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