Social Media Monitoring
Social Media and employment law is a huge area of interest at the moment, given the current and ever-changing online environment we work and live in. It is advisable that employers make themselves aware of the different aspects of social media and the role it can play regarding employment law in the workplace. Having a Social Media Policy in place is hugely beneficial for employers today.
Monitoring & Surveillance
With the advancement of technology, employers can now monitor employees every move as well as internet usage and or e-mail communications quite easily, but it is not clear under the present law whether or not this could be seen as a breach of privacy and the Data Protection Acts, so employers need to be careful.
Social media can come into play in connection with surveillance of workers and the monitoring of employee e-mails and cyber communications. If an employer has in place a policy warning employees that all communications on devices, supplied by the employer or personal, could and would be monitored then it is being made clear to employees that misuse of internet is prohibited. Also a policy needs to be in place to let employees know if monitored CCTV is in operation in the premises or if there is security access, whereby employees need to swipe their personal ID card to gain entry or exit the building, canteen, rest rooms, etc.
Employer policies and actions in relation to monitoring and surveillance of employees must be clear and should only be carried out to give effect to the stated purpose. Monitoring and surveillance in Irish Law in general is governed by the Data Protection Act 1988, as amended in 2003. If an employer wishes to set up monitoring and use the data, it should comply with the principles in this legislation.
Bright Contracts - Employment Contracts and Handbooks
