Boss reads personal texts on company phone

nitpick man · 11-07-2019 08:04PM #1

Hi all am wondering what to do in this situation. I feel my privacy has been invaded. I am looking for advice before I approach boss.

Story goes. On Friday gone my boss needed to use my van ..a company van for the day. I had inadvertently left my company phone in the van. When I received the phone back at the end of the day I noticed that text messages had been read . 2 messages both from my mother which had been sent throughout the day . I only noticed this late into the evening . So I went into phone usage and find that my phone had screen time of 35 mins. Within those 35 mins . 9min in text . 11 mins on mails and rest On other apps and photos .
We all have same passcodes on the company phones.

Does he not need my permission to check his company phone that he provided to me for use.

He had a chance to say something when he handed phone back but never said anything.

Mod: not sure if this fits topic .. couldn’t find work issues

listermint · 11-07-2019 08:06PM

It's a company Device he needs no permission I'm Afraid.

I'd suggest not using it for personal stuff at all , also don't leave it around if you don't want the owner of it to open it

Chancer3001 · 11-07-2019 08:07PM

Company devices are for company use. Why dont ya have your own phone ?

iamwhoiam · 11-07-2019 08:08PM

Why is your mother texting a company phone ?

The Specialist · 11-07-2019 08:09PM

Yeah a company phone is a company phone, you should have no expectation for privacy while using it. Leave personal calls and stuff to your own mobile.

Clareman · 11-07-2019 08:10PM

If anything you could get in trouble for misuse of company resources for using a company phone for personal use

nitpick man · 11-07-2019 08:16PM

Yeah I figured as much . Mother not well and easier for her to contact me. We see what Monday brings when he confronts me over all my messages . I know he be jumping for joy when he mentions to me why is someone texting you saying they got some weed to sell. ðŸ˜¬

usernamegoes · 11-07-2019 08:26PM

It's not as simple as people are suggesting here. They perhaps need to read:

Art 29 WP Opinion 2/2017 on data processing at work, Opinion 8/2001 on the processing of personal data in the employment context, Working Document on the surveillance of electronic communications in the workplace (WP 55)

lawred2 · 11-07-2019 08:28PM

nitpick man wrote: »

Hi all am wondering what to do in this situation. I feel my privacy has been invaded. I am looking for advice before I approach boss.

Story goes. On Friday gone my boss needed to use my van ..a company van for the day. I had inadvertently left my company phone in the van. When I received the phone back at the end of the day I noticed that text messages had been read . 2 messages both from my mother which had been sent throughout the day . I only noticed this late into the evening . So I went into phone usage and find that my phone had screen time of 35 mins. Within those 35 mins . 9min in text . 11 mins on mails and rest On other apps and photos .
We all have same passcodes on the company phones.

Does he not need my permission to check his company phone that he provided to me for use.

He had a chance to say something when he handed phone back but never said anything.

Mod: not sure if this fits topic .. couldn’t find work issues

Why are you using the company phone for personal stuff?

lawred2 · 11-07-2019 08:30PM

usernamegoes wrote: »

It's not as simple as people are suggesting here. They perhaps need to read:

Art 29 WP Opinion 2/2017 on data processing at work, Opinion 8/2001 on the processing of personal data in the employment context, Working Document on the surveillance of electronic communications in the workplace (WP 55)

Lol yeah... I'll just go have a look now

11-07-2019 08:32PM

"personal texts on a company phone" is the equivalent of "personal conversation over the intercom"

usernamegoes · 11-07-2019 08:34PM

lawred2 wrote: »

Lol yeah... I'll just go have a look now

Yeah, thought this was a legal discussion forum. Seems its a make-snarky-comments-without-any-legal-basis-and-mock-people-trying-to-help-the-OP.

hairyprincess · 11-07-2019 08:34PM

Do you have a personal phone?

hullaballoo · 11-07-2019 08:40PM

Moderator as above, this is legal discussion. Legal issues to be discussed, engaged with. Not lolled at.

nitpick man · 11-07-2019 08:45PM

hairyprincess wrote: »

Do you have a personal phone?

No I don’t .

Atlantic Dawn · 11-07-2019 08:46PM

What's the history of the phone number was it originally yours or the company you work for?

lawred2 · 11-07-2019 08:49PM

usernamegoes wrote: »

Yeah, thought this was a legal discussion forum. Seems its a make-snarky-comments-without-any-legal-basis-and-mock-people-trying-to-help-the-OP.

Yeah ok... Fair enough but I might have expected 'help' to include a link, extract and maybe a summary of a legal text to help the OP.

If the OP is not boned up on legalese then maybe a post without anything else isn't much help at all.

antodeco · 11-07-2019 08:51PM

What does the company handbook say in relation to company equipment? Normally there's a part that mentions what the company can/can't do.

Seanieke · 11-07-2019 08:52PM

Every one of us in work that has a work phone also has a personal phone.
I don't ask for or know anyones personal number. They're for their own personal use just as much as the work phone is just for work use.

usernamegoes · 11-07-2019 08:52PM

lawred2 wrote: »

Yeah ok... Fair enough but I might have expected 'help' to include a link, extract and maybe a summary of a legal text to help the OP.

If the OP is not boned up on legalese then maybe a post without anything else isn't much help at all.

I'll be happy to post links later but I'm on my phone. I get that the OP may not be a lawyer, but I didn't want to post nothing and let him think everyone telling him he was wrong were 100 per cent correct. It's much more complicated than he was led to believe.

nitpick man · 11-07-2019 08:56PM

Atlantic Dawn wrote: »

What's the history of the phone number was it originally yours or the company you work for?

Number belongs to company. I’m sure i will get the boot anyway. My own fault. I know .. plenty people will thrive on it.

usernamegoes · 11-07-2019 09:04PM

nitpick man wrote: »

Number belongs to company. I’m sure i will get the boot anyway. My own fault. I know .. plenty people will thrive on it.

OP if you get the boot and are inclined to take it further, speak to a solicitor. They will advise you of how workplace surveillance should be done and of your rights to a private life and personal data under ECHR and EU Charter of Fundamental Rights.

I posted some papers earlier and while they are a little legal they are not overly complicated. I can't post links right now but you could google them if interested.

Just because it's work property doesn't mean you have no privacy rights.

Zillah · 11-07-2019 09:04PM

nitpick man wrote: »

I know he be jumping for joy when he mentions to me why is someone texting you saying they got some weed to sell. &#55357;&#56876;

You gave your drug dealer the number to your company phone? I'd fire you just for having such appalling judgement.

Miike · 11-07-2019 09:11PM

I think the weed thing is where you're going to get shot into the foot to be honest. Never use a company phone as a personal one even if others in the company set that precedent as you don't own the phone or whats on it; that belongs to the company. Depending on company policy you might be able to navigate around this though and I'd study your employee handbook. I know where I'm working the order for someone to read/ recover whats on the phone or contained within emails has to be authorised by high level management, after a request has been put in to do so.

Clareman · 11-07-2019 09:11PM

You're not going to get fired, I'd imagine nothing will be said about it, just remember that if the phone is paid for by work then it's their property and they can do with it as they see fit, for example if you decide to go on holidays for 2 weeks they could tell you to give it to someone else while you're away, in the real world though with business plans normally being unlimited use or plans most work places turn a blind eye to personal use of a phone.

Your original Op asked for advice before you approach the boss, my advice would be not to approach the boss and put it down as a life lesson, if you really are worried about your privacy get a personal phone. I have 2 phones, 1 for work and 1 for personal, being able to ignore the work phone when I'm not working is well worth the €25 a month I pay Virgin Media

Vetch · 11-07-2019 09:17PM

usernamegoes wrote: »

It's not as simple as people are suggesting here. They perhaps need to read:

Art 29 WP Opinion 2/2017 on data processing at work, Opinion 8/2001 on the processing of personal data in the employment context, Working Document on the surveillance of electronic communications in the workplace (WP 55)

A summary of these documents is that people can have a reasonable expectation of privacy at work. Monitoring of devices should normally be notified to employees. Employees are often permitted to use company devices for a reasonable level of personal use.

What the company policies say is also relevant though eg some workplaces may ban personal use, so you need to read the policies and your contract, which may also say something about drugs.

nitpick man · 11-07-2019 09:22PM

Zillah wrote: »

You gave your drug dealer the number to your company phone? I'd fire you just for having such appalling judgement.

Looks like you’ve already answered your own question.
He’s my friend getting it from a drug dealer so technically yeah. Because your so technical . I know the impact it will have. I’ve already admitted that. Your post does not help .

nitpick man · 11-07-2019 09:24PM

nitpick man wrote: »

Looks like you’ve already answered your own question.
He’s my friend getting it from a drug dealer so technically yeah. Because your so technical . I know the impact it will have. I’ve already admitted that. Your post does not help .

Ps . I thanked your post because it’s obvious what could happen. No hard feelings

nitpick man · 11-07-2019 09:44PM

Clareman wrote: »

You're not going to get fired, I'd imagine nothing will be said about it, just remember that if the phone is paid for by work then it's their property and they can do with it as they see fit, for example if you decide to go on holidays for 2 weeks they could tell you to give it to someone else while you're away, in the real world though with business plans normally being unlimited use or plans most work places turn a blind eye to personal use of a phone.

Your original Op asked for advice before you approach the boss, my advice would be not to approach the boss and put it down as a life lesson, if you really are worried about your privacy get a personal phone. I have 2 phones, 1 for work and 1 for personal, being able to ignore the work phone when I'm not working is well worth the €25 a month I pay Virgin Media

I 100% agree with you . Whatever the outcome is will be a life lesson. As for getting a personal phone I must invest in one.

Now my reason to all on wondering why I don’t have a personal phone...
I often get emails texts regarding work out of hours and have good communication with the company. I am not the type of person that switches off from work the minute I’m off the clock. I often responded to text and mails 4-5hrs after working hours when I’m not obligated too but I do . It’s easier for me to just to have one phone.

The high horse brigade · 11-07-2019 10:03PM

I don't take a company phone, I take a SIM and use my own dual SIM phone. I religiously turn my work SIM off every day after work and turn it on again in the morning. I have a separate email app for work and if I get emails in the evening I mostly ignore them and if i don't and draft a reply I always schedule it to send at 8AM

Charmeleon · 11-07-2019 10:08PM

A lot of jobs are advertised with a company mobile phone being a perk, therefore of benefit to you. Funny how employers think they can then go on to do what they want with personal data when it suits them. The first few replies are ridiculous. If you have a reasonable expectation of privacy you should not have your phone searched unless there was a prior specified reason. Unless your employee handbook specifically says your phone and/or laptop can be searched at random. In that case get your own phone and turn your work phone off as soon as you clock off and not until your work hours begin.

For a start now, I personally would wipe the phone, just in case monitoring apps were installed while it was out of your possession. Unless of course they told you monitoring or policy profiles were pre-installed. Most small companies aren’t that savvy though. If the matter of any personal information obtained from the phone ever comes up, I would check with a solicitor. Don’t listen to the opinions of employers, they commonly assume if they are paying you you and your data are practically their property.

Boss reads personal texts on company phone

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