Employee Web Surfing - Upping the Ante When the Employee Reads Porn
A recent case in New Jersey raises the obligation of employers who learn that one of their employees is surfing illicit pages on the web. In Doe. v. XYC Corporation an appellate court in New Jersey held that when an employer has notice that one of its employees is using its work computer to access pornography (or in this case child pornography) that it has the obligation to investigate and put a stop to it.
The court held:
"We hold that an employer who is on notice that one of its employees is using a workplace computer to access pornography, possibly child pornography, has a duty to investigate the employee's activities and to take prompt and effective action to stop the unauthorized activity, lest it result in harm to innocent third-parties. No privacy interest of the employee stands in the way of this duty on the part of the employer"
In this case, the employee had a history of using his workplace computer to view pornographic sites. In addition, he transmitted several photographs of his stepdaughter on his workplace computer to a child porn site. He was later arrested.
The Court further noted:
"...Given the public policy against child pornography, as reflected in these statutes, and the fact that "public policy favors the exposure of crime," ..., we agree with plaintiff that defendant had a duty to report Employee's activities to the proper authorities and to take effective internal action to stop those activities, whether by termination or some less drastic remedy."
All too often I hear of companies with less than stellar computer security systems turning a blind eye to employees who use the internet on company computers inappropriately. Perhaps they will now take more affirmative steps to stop the misconduct, even if it does not rise to the level of child pornography.