The proper policing of company computers

In virtually every line of work, computers are a necessity. It has become difficult to even imagine a workplace without a computer. Yet whether computers are a “necessity” or a “necessary evil” varies from business to business. Thus, many employers create policies governing the use of office computers and access to the Internet.

A California case offers some guidance. TBG Insurance fired an employee for accessing pornographic websites on his work computer. The company requested a court order requiring the employee to turn over a computer provided by the company for home use. The company wanted to see whether the employee used the home computer for similar purposes. The employee first wanted to delete personal information he had placed on the computer, claiming such information was subject to privacy laws.

The court rejected the employee’s claim, stating that the employee signed an agreement to be bound by the company’s computer policy, which provided that the computers were provided for business purposes and not for personal use. The policy also prohibited computer use for obscene purposes and allowed the company to monitor such use. The court said the employee had no reasonable expectation of privacy (TGB v. Superior Court of Los Angeles (2002) 96 Cal.App.4th 443).

A computer/Internet policy should make it clear that company computers are to be used for business purposes, and that employees have no expectation of privacy regarding communications sent and received via the company’s email system or access to the Internet. Many companies also block potential time-wasting websites such as Facebook or Myspace. These safeguards can ensure that computers increase efficiency rather than decrease it.