Privacy Question

[swalsh411]

Oh for crying out loud his employer is not monitoring his personal phone. Why are you all even humoring this paranoid OP? It was funny at first but to think any of the senior posters here are taking this question seriously is laughable.

 

[justalayman]

Some of us lead a dull boring life and this gives us purpose.

Geez guy, I learn for my own purposes by doing research for questions posed here.

 

[disneykid52]

Easy solution,,,use your own phone

 

[swalsh411]

I know. I just don't think crazy people are helped by further edification of their crackpot theories.

 

[eerelations]

Care to come clean and admit that this isn't about you, it isn't a hypothetical, that it's really about your nephew-who-is-sometimes-a-niece?

Esteemed Colleagues, I reco we wait until OP's nephew-who-is-sometimes-a-niece starts his-her own thread. Then we can get all the crucial information we need to formulate an accurate response.

 

[Mass_Shyster]

The exclusionary rule prohibits the government from using evidence illegally obtained by the police against the defendant in a court of law. I am not aware of any law that prohibits an employer from using illegally obtained evidence against an employee for disciplinary reasons.

The government is free to use evidence that was illegally obtained by a non-government agent against the defendant, so I doubt there is any law prohibiting an employer from using illegally obtained evidence in a disciplinary proceeding against an employee.

If there is a law that prohibits the cell phone company from using that information, the same law would describe what recourse, if any, the victim has.

 

[ivanl3]

As stated countless times, it is an employee owned phone, not a company owned phone

 

[ivanl3]

Ok, sounds like most agree that this type of monitoring is illegal. But it is not illegal to use this illegally obtained info as a basis for discipline. But it also sounds like the company is opening itself to a civil suit by doing so.

Thanks again to Q for pointing to the place that lead me the answer that this type of monitoring is illegal.

 

[justalayman]

actually, it has not been established that anything they are doing is illegal because you do not know what they are actually doing. At best you suspect something.

 

[ivanl3]

Ok, sounds like most agree that this type of monitoring is illegal. But it is not illegal to use this illegally obtained info as a basis for discipline. But it also sounds like the company is opening itself to a civil suit by doing so.

Thanks again to Q for pointing to the place that lead me the answer that this type of monitoring is illegal.

 

[justalayman]

Ok, sounds like most agree that this type of monitoring is illegal. But it is not illegal to use this illegally obtained info as a basis for discipline. But it also sounds like the company is opening itself to a civil suit by doing so.
.

again, you do not even know what "type of monitoring" they are doing. You are, at best, guessing. Unless they read an actual personal communication or listen in on a phone call, it is quite likely what they are doing is not illegal. They can monitor sites visited and the like without breaking the law.

Oh, and if you are considering a suit; you have to be able to outright prove they are illegally monitoring your traffic. Speculation won't cut it.