Workers’ privacy threatened!Monitor employee screens in real time, and analyze the risk of leaving?
Zhongxin Jingwei February 18 (Chang Tao intern Tao Jinbo) a few days ago, the wave of layoffs of an Internet company accidentally triggered the public’s concern and controversy on employee monitoring system.”Employee monitoring” has become a business, according to a recent survey by Singapore Matrix & Wakefield.The software, which charges 350 yuan for each computer installed, can monitor employees’ Internet usage, such as web browsing and chat records, monitor their screens in real time, and even analyze employees’ turnover risks, according to a staff member from a relevant system service provider.Lawyers told CZ that while it was reasonable for the company to use software to monitor employees’ performance, it was necessary and obligated to inform employees beforehand.If employees are not aware of the company’s installation of monitoring software, they may use their office computers or the network to process and transmit information involving personal privacy, which may infringe their privacy rights.An employee behavior monitoring system was unveiled on Weibo on Feb 11, media reported, adding that the system can detect employees’ job-hopping intentions in advance, sparking a heated debate.It is understood that the monitoring system page is consistent with the product introduction page of “BA”, A software developed in 2017 by A-share listed Shenxin Technology Co., LTD.According to the deep convinced the company’s official website after introduction, “behavior perception system can solve the” leave “personnel risk situation how to” sabotage “employees” and “pain points”, such as the product can provide risk analysis of “departure” multiple functions, such as “efficiency analysis” can find employees leaving potential risks in advance, and risk decision based on departure.However, at present, the controversial “behavior perception system” has been unable to retrieve product introduction and publicity cases on shenxin’s official website.On February 16, Zhongxin Jingwei consulted the sales customer service of Shenxin as a customer. The customer said that the company can provide services such as monitoring employees’ Internet access and controlling disclosure channels, but regarding monitoring and predicting employees’ turnover intention, he said, “Shenxin has never provided such services, you must be wrong.”However, on the same day, a business officer of Shenxin said, “There is no resignation monitoring for the time being. I don’t know the specific reason, but other services such as online behavior monitoring are normal.”Regarding whether the “behavior perception system” has been suspended, Zhongxin Jingwei called the Secretary office of The Board of Directors of Shenxin On The 18th, a staff member said, “We do not know, we do not comment on this matter.”According to the App, In March 2018, Shenxin publicly applied for a patent named “a method, device, device and storage medium of turnover intention Analysis”, which analyzes the methods of employee turnover including monitoring the online behavior of employees and analyzing the risk level of turnover intention of employees.According to the media quoted Jiang Wenguang, chairman secretary of Shenxin, as saying that the “behavior perception system BA” is not recently listed. The analysis of work efficiency and turnover tendency is a function of the product, and the company does not monitor anyone’s data, which is the behavior of customers themselves.As for how the products of Shenxin monitor employees, a business person from Shenxin introduced to Zhongxin Jingwei that the relevant system is realized through the Intranet, and there is no need to install programs on employees’ computers. “According to the company’s network environment, the system will be matched.”The company has noticed that it is now a business to sell employee monitoring systems to provide services.In addition to being able to monitor employees from the Intranet, there are systems that can be installed on employees’ office computers but still monitor them “undetected.”Network management is a terminal security management system, the product sales staff told the new fabric, their software to monitor employees’ Internet usage, including web browsing records, chat records, such as real time monitor screen, the administrator can even intervene directly in the employee’s chat content to send, shielding staff send “inappropriate comments”.”Our software is transparent, so employees can’t find out if they don’t tell them.”, according to its home network terminal security management software is divided into “management” and “the client” two parts, the user needs to install the client program on employees’ computer, in the process of employees to use the computer, the manager can through the observation of all employees in the network usage of time to work, can also through the analysis of the algorithm software bring out the employee’s turnover intention.According to the sample diagram provided by the network management staff, the software’s own analysis system can classify the employee’s dimission intention into three grades: high risk, suspected and suspicious.If an employee submits a resume or applies for a position while browsing the web, the system will identify the employee as high-risk. If the employee visits the recruitment website for several times, the system will mark the employee as suspected.According to a “function details” sent by the employee, the network administrator divides the user monitoring function into more than 20 modules, including device control, terminal management and network management, which involve almost all employees’ online behaviors, such as web browsing and software use. Managers can also record evidence on the screen.”The software will be charged according to the amount of software installed. The fee is 350 yuan for each computer installed, and the minimum price is five.Each function module can be bought as a package or divided into modules. Each module costs 50 yuan and three modules are available.You don’t have to worry about having more people than the software can handle, we can monitor as many people as you have.”The above staff said.According to an experienced human resources manager, the use of software to monitor employees is very common in China, especially among Internet technology companies.In fact, such software has been around for more than a decade, first for traffic protection to prevent employees from watching videos or listening to music during office hours, then more recently for protecting confidential company documents, and now for things like employee turnover statistics.Following the controversy over “monitoring employees’ job-hopping tendencies”, one of the public concerns has been whether such monitoring systems are suspected of violating employees’ privacy.In this regard, Yang Baoquan, senior partner of Zhongyin Law Firm, said in an interview with Zhongxin Jingwei that the monitoring system itself does not involve infringement. In essence, it is a neutral tool just like the camera, and whether it constitutes infringement mainly depends on the use of the enterprise.Especially when it comes to the collection of employees’ personal information, it depends on the purpose of the employer’s use, whether the company’s monitoring of employees’ information is used for other unreasonable purposes, whether it is beyond the reasonable scope of application.Bao-quan Yang said, according to “civil code” and “Internet security protection technology measures regulation” relevant provision, install computer monitoring software company in the workplace, not the illegal on employees’ personal information disclosed to the public, the public, only the conduct of the company to employees in the work time of monitoring, this belongs to the company’s rights.According to “labor contract law” relevant provision at the same time, the company’s monitoring time in working time, if the monitored area if the public working area, the activities of the employees in the known the nature is regarded as public activities, so the company has the right to set up the camera in the office, also have the right to use monitoring software to supervise employees with net situation.Yang added that while it is reasonable for companies to use monitoring software to monitor employees’ work, they also have a need and obligation to inform employees in advance, preferably in writing.If employees are not aware of the company’s installation of monitoring software and use their office computers or networks to process and transmit information involving personal privacy, their privacy rights may be violated.Original title: “staff monitoring” business: software installation at 350 yuan, real-time monitoring screen source: Zhongxin Jingwei