Is it legal for software firms to monitor employees' Instant Message chats?

In recently came to find out that my firm monitors employees' internal IM chats. I need to know whether this is illegal? Of course, I agree that email should be monitored, as it might be used as correspondence with entities external to the company, but internal IM?

My concern is, the employer never made me sign any document asking for my consent for IM interception. They have a policy for email and telephone conversations, BUT not for IM, however, they still collect and record IM conversations.

What are the possible defences I can use, if someone who doesnt quite like me tries to actively monitor my chats?

heystevenn

It's legal. You're using their system.

edco

It is 100% legal IF you are doing it on company equipment and/or a company network. It's not because they want to snoop on your chit-chat, its because the bandwidth and lost productivity associated with non-work related computing is growing every year.

People are using their office machines to surf, shop, chat and more. While it's obviously natural, the IT resources that these non-business related cycles use when compounded across all employees can be quite staggering. In addition, communication from a company owned machine on a company network has been considered the liability of the company. If a lawsuit were to arise, the company has to indemnify itself somehow, and by stating that the usage of equipment is ONLY for the sole purpose of conducting business, it is the employee who is in violation, not the employer.

You didnt have to sign anything because you are using THEIR assets, not your own. If you want to make calls on your personal cell phone at lunch, it's your business. If you decide to use the office phone to make long distance personal calls, it's their business.

Please dont rip my head off. I am not here defending the rules, just explaining them. Your best bet is to keep personal activities as separate as possible from business activities.

Good Luck and HNY

drivenbywhat

They can do whatever they want without asking for your signature. It's their PC system that you are using. They have every right to monitor what you do on it.

The only reason they have those "agreements" are so you are informed. It's a courtesy not a mandate.

Close beauty

Yes it is OK.
You can learn more about this kind of monitoring software here;
http://employee-computer-monitoring.com/

Judy

Yes it is assuming that you are IM'ing at work. And they don't have to ask your permission, or even tell you they are doing it.

Let's see - you are spending your work time IM'ing on equipment your employer owns, probably while you are being paid for the time, and you want them to ask your permission? I don't think so! If they fire you for that, they're totally justified.

All that said, most employers wouldn't discipline or fire you if it was just occasional, not frequent. But they can.

leysarob

Anything on a company computer belongs to the company -- nothing is private or personal. In some places you can be fired for using IM at work.

smartman11222

Most companies have us sign a legal form when first hired that covers an employees use of any electronic device. Emails, cell phones Laptops, etc. Sadly when the company has it it can look at whatever you do legally.

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