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Date:      Wed, 20 Jul 2011 21:01:47 +0200
From:      "C. P. Ghost" <cpghost@cordula.ws>
To:        Robert Bonomi <bonomi@mail.r-bonomi.com>
Cc:        freebsd-questions@freebsd.org
Subject:   Re: Tools to find "unlegal" files ( videos , music etc )
Message-ID:  <CADGWnjW9xqC7WgLrCzD8JsNmZ+WrNPzNcqAp0F9wzN7MhNVt_g@mail.gmail.com>
In-Reply-To: <201107191349.p6JDn2H2033289@mail.r-bonomi.com>
References:  <CADGWnjVw_toW0uVB1Kd-3E43Z5stz__09h0+bCPW4GideBgthQ@mail.gmail.com> <201107191349.p6JDn2H2033289@mail.r-bonomi.com>

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On Tue, Jul 19, 2011 at 3:49 PM, Robert Bonomi <bonomi@mail.r-bonomi.com> wrote:
>> > For example, if it is part of the _terms_of_emplyment_ -- which one
>> > *agreed* to, by going to work there --that you (the employeee) give
>> > permission for the company, or it's agents, to examine any file you
>> > store on the system.
>>
>> It depends on the jurisdiction. For example, in Germany, you as an
>> employee CAN'T waive some basic rights by law, and every waiver you've
>> signed with your employer is automatically null and void, at least the
>> provisions that affect those specific rights.
>
> Do you mean to suggest that an employee _cannot_ give permission to *anyone*
> (whether it is the employer, or just a friend) to look at any file that is
> categorized as 'private' ??
>
> If they can give permission for 'someone' to look at a particular file,
> what prevents them from giving that someone permission to look at _every_
> such file?

We're getting to the point where only lawyers should give
binding advice, according to a particular jurisdiction, so I
obviously won't offer any such advice here.

The point though, is /roughly/ this: yes, an individual CAN give
permission for others to inspect his/her files (usually in his
presence). BUT a company CANNOT require or compel the
user to give this permission as a prerequisite for entering an
agreement. Or, in other words, a company couldn't simply state
in their TOS: "user is giving permission to company to inspect
all files he stores in his private area." Such a language would
be null and void under most circumstance. That is at least the
situation here.

>> Again, jurisdictions vary widely. We here in Europe are at the farthest
>> spectrum in terms of privacy protection of workers (students etc..) in
>> the workplace (school etc...).
>
> Educational institutions here _are_ subject to somewhat differnet rules
> than corporates.

True, most (i.e. all but a very few private Universities) are public
institutions
here. We're effectively and de jure part of the State infrastructure, and as
such subject to a different set of rules. However, privacy protection applies
just as much to corporations, if not even more so.

Or, to sum up this thread (if you please): original poster, and every other
sysadmin and IT head should check with their lawyer(s) before even
considering or attempting to invade their users' privacy for whatever reason.
The "slippery when wet" warning applies.

-cpghost.

-- 
Cordula's Web. http://www.cordula.ws/



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