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Spying on employees is a crime: how to defend yourself from violations?

Can the employer spy on their employees’ conversations?

The million dollar question for the employers who pay more attention to their employees is this one: is it possible to spy on your company’s employees?

In 2015, the decision of an entrepreneur to fire an employee of his own has caused a stir after some conversations held by the latter via Skype

As predictable, the worker in question appealed against the decision, as her employer had become aware of the content of the conversations by illegally spying on them.

In this regard, it was the Guarantor of Privacy who ruled and condemned the whistleblower, arguing that electronic and telematic communications related to and exchanged by employees during the employment relationship enjoy guarantees of secrecy.

In short, the employer must stay out of it and, even more, it is not possible for him to base his decision to dismiss someone because of the content of conversations that they should never have known it existed.

The employer’s limits and powers

The sphere of the worker must remain private and the illicit acquisition of conversations is not allowed, let alone the possibility of intercepting the telephone of an employee.

If you want to deepen the matter related to the potential tapping of your phone, we’ll talk about it here.

For what concerns the intrusion of the employer in their employees’ private life, the problem is even more serious given the widespread practice of equipping employees with business devices such as smartphones, tablets and personal computers.

Indeed, if, on one hand, this is necessary in order to keep personal and working life separate, especially considering the risks of company security, but it is also true that business devices cannot be used as a preferred lane by the employer to access conversations and communications of their employees.

It would be a very serious privacy abuse.

Emails, messages and all conversations that take place during the working relationship are protected from secrecy and their protection is found in the Constitution itself.

The employer must comply with the relevant provisions of the Workers’ Statute, the Jobs Act and the Guarantor’s Guidelines by e-mail and Internet.

As a result, they may neither spy on their employees nor carry out any processing of personal data contained in conversations that have been obtained unlawfully.

It is up to the employer to define the methods of use of the instruments and devices of the company, but these methods must be provided in compliance with the freedom and dignity of workers and the principles of fairness, of relevance and not excess as identified in the Privacy Code.

Apps to spy on the eployees

However, despite the regulatory framework that’s so outlined and that pays attention to the privacy of the worker, there are many, many spy apps on the market used for corporate control and to spy on employees.
Many companies’ employees are “surrounded” without their knowledge by spy softwares, which are intended to collect information from third parties and that constitue a serious threat to their work and private activity.

These are software designed to be installed on users and devices of employees by those who have system administrator permissions and that can not be detected by the worker.

In theory, it would be possible for the employer to have control over the work: this is not entirely forbidden, but the company should arrange its own controls within the limits allowed and providing the worker with appropriate information.

Through this apps, however, in the business environments there is more and more use of spy softwares to the extent allowed by law.

How to protect yourself

If you’re worried that your privacy might be violated by a prying employer, don’t worry.

The solutions to keep your private life and your sensitive data safe exist.

Indeed, if on one hand there are commercially available apps that allow your employer to spy on you, on the other hand there are others that allow you to defend against this abusive and illegal intrusion.

One of these is the app called Crypty Talk, developed by Crypty Secure and that will allow you to lock down your device and keep noses out, whether if it’s personal or work-related.

This app will allow you to send messages, call and communicate safely.

It uses, in fact, an encrypted security system, which allows you to keep away from attacks by hackers and cyber criminals, but also from unwanted tappings.

Thanks to Crypty Talk, chats and calls can’t be tapped and no log will be saved.

Basically, no trace is left on your smartphone and every call, message, file transfer and every communication remain on the encrypted servers, with the ability to predict their auto-deletion in time.
In short, it is a real shield to keep you away from external interference!
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