In this thread we discovered that my IT department was monitoring my activity on my PC (as of Monday of last week.)
I also discovered that by using this software, they agreed to notify employees that they are being monitored. (As per the EULA.) But in my case, I wasn’t told a thing.
What are my “legal rights” on this? Should I complain to the head of the IT department? Can I pursue legal action? Should I inform SpectorSoft of this breach of contract? (And hope to gawd that this administrator doesn’t have a pirate copy?)
Or is this just a case of Big Brother is watching and there is nothing I can do about it?
IANAL, but my WAG is that SpectorSoft has that “you must tell your employees” text in their EULA in case you try to sue your employer AND them after you get fired for something that was caught by Spector - they can say “well your IT department signed the EULA stating they would notify you that you were being monitored, so SpectorSoft is not responsible for your invasion of privacy.”
I doubt that SpectorSoft would go after your employer if you contacted them, but I’d say you could go after your employer for wrongful termination if you were fired for anything that they discovered through Spector, * and you could prove that you were never notified.*
The only proof I have that I was not notified is that well…I was never told. But I also believe that the onus would be on them to prove that I was notified if something was to come of this.
When I discovered the program, I asked the IT department about the single unidentified file I found and still have not been contacted. I then went straight to my boss and notified him of it. (IT still has no idea that I know exactly what this file is for.)
I’m holding my cards, so to speak, until I hear back from them. If they try to cover it up saying it must have been a part of another program that I/they installed or even just part of the OS, then I am going to go after them.
I have no worries about termination, as I do not surf any sites that are ‘questionable’. I frequent the Diablo2 sites on break. (And the SDMB of course ) But I am also going to contact the Labour Board of Canada and explain to them that “I am worried that they are looking for a reason”. This helps cover my ass if they do.
) But I am also going to contact the Labour Board of Canada and explain to them that “I am worried that they are looking for a reason”. This helps cover my ass if they do.