Wire Tapping

What is the name of your state (only U.S. law)? Georgia

Co-worker placed a screen logger/keylogger on a company computer system without company knowledge and monitored the activities of another co-worker without the co-worker's knowledge. Same co-worker placed an audio recording and video device in the premises to monitor the other employee's activities and phone conversations. All was done without permission of the company or knowledge of the other employee. The purpose was to make an attempt to show the employee as incompetent and making poor use of company time. This employee that was monitored was working on days when no other employee was present. Some of the activities monitored were going to the bathroom, drinking coffee, telephone conversations, etc. The company was made aware that this was done after the fact and has not yet confronted the other employee nor have they applied disciplinary action to the person who did the monitoring. A meeting is to be held concerning the findings. What are the legal implications of this scenario for both parties?

marshmallowmoon said:

What is the name of your state (only U.S. law)? Georgia

Co-worker placed a screen logger/keylogger on a company computer system without company knowledge and monitored the activities of another co-worker without the co-worker's knowledge. Same co-worker placed an audio recording and video device in the premises to monitor the other employee's activities and phone conversations. All was done without permission of the company or knowledge of the other employee. The purpose was to make an attempt to show the employee as incompetent and making poor use of company time. This employee that was monitored was working on days when no other employee was present. Some of the activities monitored were going to the bathroom, drinking coffee, telephone conversations, etc. The company was made aware that this was done after the fact and has not yet confronted the other employee nor have they applied disciplinary action to the person who did the monitoring. A meeting is to be held concerning the findings. What are the legal implications of this scenario for both parties?

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Are you one of the parties involved, or are you just curious what the employees might face?

With nothing but what you have posted here, I can say that both employees can be fired (one for poor use of company time, the other for committing several crimes). A civil invasion of privacy action could be pursued by the incompetent employee against the criminal employee, and the criminal employee could find himself charged with state and federal computer crimes and state and federal wiretapping crimes.

A company is a non human entity and cannot grant permission the way a human can. Whether the employee had authority to do the acts they did is what is relevant.

Either this is homework, or the OP has some problems. I suspect homework.

marshmallowmoon said:

What is the name of your state (only U.S. law)? Georgia

Co-worker placed a screen logger/keylogger on a company computer system without company knowledge and monitored the activities of another co-worker without the co-worker's knowledge. Same co-worker placed an audio recording and video device in the premises to monitor the other employee's activities and phone conversations. All was done without permission of the company or knowledge of the other employee. The purpose was to make an attempt to show the employee as incompetent and making poor use of company time. This employee that was monitored was working on days when no other employee was present. Some of the activities monitored were going to the bathroom, drinking coffee, telephone conversations, etc. The company was made aware that this was done after the fact and has not yet confronted the other employee nor have they applied disciplinary action to the person who did the monitoring. A meeting is to be held concerning the findings. What are the legal implications of this scenario for both parties?

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Interesting, I'm sure that another party inside your company was aware of the situation and allowed it to go on. If it is just the 2 employees going about this on their own both will be dismissed. Actions like this can open the company up to law suits.

tranquility said:

Either this is homework, or the OP has some problems. I suspect homework.

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The OPs other thread sounds like homework too.


https://forum.freeadvice.com/tax-law-12/shell-pc-inside-llc-duplications-599796.html#post3204302

If marshmallowmoon's thread was designed to find answers to a homework question, I am glad I did not go into any detail, as I had first contemplated doing. S/he is at least smarter than the average student, who posts here with parties named A, B and C.

Did employee have authority?

OHRoadwarrior said:

A company is a non human entity and cannot grant permission the way a human can. Whether the employee had authority to do the acts they did is what is relevant.

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The answer is no. The co-worker is simply an employee who acted independently and was not under the direction of the overseeing manager.

Homework?

quincy said:

If marshmallowmoon's thread was designed to find answers to a homework question, I am glad I did not go into any detail, as I had first contemplated doing. S/he is at least smarter than the average student, who posts here with parties named A, B and C.

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No, this is not homework. I'm an adult. This is a scenario that was discussed recently concerning an incident involving a woman retaliating against a co-worker who had dated her husband. I can assure you that I am not that woman or man. I'm just trying to understand how something like this is handled in the workplace. I am kind of confused, though. It sounds like I broke a rule or something? Are you allowed to post more then one question?

marshmallowmoon said:

No, this is not homework. I'm an adult. This is a scenario that was discussed recently concerning an incident involving a woman retaliating against a co-worker who had dated her husband. I can assure you that I am not that woman or man. I'm just trying to understand how something like this is handled in the workplace. I am kind of confused, though. It sounds like I broke a rule or something? Are you allowed to post more then one question?

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No. You broke no rules.

For Georgia computer crimes, you can look at Georgia's Computer Systems Protection Act, specifically computer trespass (section 16-9-93b) and computer invasion of privacy (section 16-9-93c). A violation can have a violator facing up to a $50,000 fine and/or up to 15 years in jail.

For Georgia wiretapping laws, you can visit the following sites: The Reporters
Committee for Freedom of the Press at http://www.rcfp.org/reporters-recording-guide and click on the state-by-state guide to locate laws applicable to Georgia, and the Digital Media Law Project at http://www.dmlp.org/legal-guide/georgia-recording-law. Or see O.C.G.A. sections 16-11-62, 16-11-64 and 16-11-66. Once again, the violator is looking at jail time and hefty fines.

The one violated can not only file criminal complaints which can result in criminal charges and convictions but the one violated can also file a civil action against the violator with an invasion of privacy claim. The damages awarded in an invasion of privacy lawsuit can be, as they are with criminal convictions, large. With a civil action, there is no jail time, just a monetary award that will reflect the evidence presented and the harm demonstrated.

There are federal wiretapping charges and computer crime charges possible for the violator, as well.

And, as said earlier, the employer would most likely terminate the employment of the criminal employee and could terminate the employment of the employee who was spied on.

All-in-all, it is wise not to violate computer laws, wiretapping laws, or invade anyone's privacy in the manner you describe - very little benefit can be realized and a whole lot of legal grief can come from such acts.