Employer Accessing GMail Account

Clareman · 15-10-2015 08:50PM #1

Hi,

I had an interesting conversation with someone about an employer accessing someone's Gmail account if they were using company resources. My take on it would be if the account was left logged in on a company PC or accessed through a proxy server that the company would have fair access to it and could take action about anything that was seen in same. An employer wouldn't however have a right to try to crack someone's personal GMail account or us logging software to capture a password or anything like that.

Just wondering what people would think? If an employer was allowing people access a GMail account in work could an employer access the account IF the account wasn't password protected.

Slydice · 15-10-2015 09:03PM

Oh **** no...

If they are accessing your personal emails on a work email address, they better have good reason. If they access your private gmail, they are breaking the law.

https://www.dataprotection.ie/docs/Guidance-Notes-Monitoring-of-Staff/208.htm
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/monitoring_and_surveillance_at_work/surveillance_of_electronic_communications_in_the_workplace.html

Canadel · 15-10-2015 09:08PM

If you leave yourself logged into your pc as well as logged into your gmail account, then I imagine anyone in charge can hop on your pc and bring up your emails without breaking any laws or breaching any data protection -hint: ALWAYS log out of gmail and log off your pc.

Clareman · 15-10-2015 09:09PM

But this would be on their computer, not a personal computer or being viewed via CCTV

How about the sitation where an employer thinks that an employee is copying company infomration via a GMail account and they simply go to GMail.com, find that it's logged in and search for specific topics

Clareman · 15-10-2015 09:10PM

Canadel wrote: »

If you leave yourself logged into your pc as well as logged into your gmail account, then I imagine anyone in charge can hop on your pc and bring up your emails without breaking any laws or breaching any data protection -hint: ALWAYS log out of gmail and log off your pc.

This would be my thought as well, I'd also argue that if it's a company PC and account that they could reset your Company password without permission to gain access

Canadel · 15-10-2015 09:14PM

Clareman wrote: »

But this would be on their computer, not a personal computer or being viewed via CCTV

How about the sitation where an employer thinks that an employee is copying company infomration via a GMail account and they simply go to GMail.com, find that it's logged in and search for specific topics

Even on their computer, do you not have your own login username and personal password? And if not, then it's your own fault for leaving yourself logged into gmail on a stranger's pc!

Don't know if the law supports my argument but it really shouldn't matter what they think you're doing -if they go to gmail.com and your email account automatically appears, they can do as they like as long as they have accessed the pc legally.

Clareman · 15-10-2015 09:15PM

Canadel wrote: »

Even on their computer, do you not have your own login username and personal password? And if not, then it's your own fault for leaving yourself logged into gmail on a stranger's pc!

Don't know if the law supports my argument but it really shouldn't matter what they think you're doing -if they go to gmail.com and your email account automatically appears, they can do as they like as long as they have accessed the pc legally.

Agreed, if you leave yourself logged in people can access what they want.

FaganJr · 15-10-2015 09:16PM

How could they access Gmail if you have logged out of Gmail but left PC logged on and need password to access Gmail always on?

Manach · 15-10-2015 09:17PM

That email, unless linked to company business, is the shared property of the email provider and the person. That latter has also case law and statutory protections against unwarranted interference/viewing of the mail. If the company has a legitmate need to view the mail, there are legal avenues available and/or specially allowed to do so under contract terms (thinking BYOD issues) but for them to unilaterly gain access is not a runner.

uck51js9zml2yt · 15-10-2015 09:18PM

You'll probably find your friend signed an IT policy document agreeing to certain conditions.
As its the companys computer he's using and left it logged in his own account they would be acting correctly.

Clareman · 15-10-2015 09:19PM

FaganJr wrote: »

How could they access Gmail if you have logged out of Gmail but left PC logged on and need password to access Gmail always on?

My argument was that if GMail was left logged in on a company owned PC (or device) then the company is entitled to check that their interests aren't at risk. IF GMail wasn't logged in then the company wasn't entitled to check.

Bit like if you leave a memory stick in an open place they would be entitled to check the contents, but if you put reasonable endeavours into protecting it then they wouldn't have any recourse into checking it.

Clareman · 15-10-2015 09:21PM

Tatum Melodic Graphics wrote: »

You'll probably find your friend signed an IT policy document agreeing to certain conditions.
As its the companys computer he's using and left it logged in his own account they would be acting correctly.

This is a fictitious scenario so assume there isn't any policies in place and only employment law is enforce.

Clareman · 15-10-2015 09:21PM

Manach wrote: »

That email, unless linked to company business, is the shared property of the email provider and the person. That latter has also case law and statutory protections against unwarranted interference/viewing of the mail. If the company has a legitmate need to view the mail, there are legal avenues available and/or specially allowed to do so under contract terms (thinking BYOD issues) but for them to unilaterly gain access is not a runner.

So eventhough it's accessible easily they can't check it?

Boskowski · 15-10-2015 09:22PM

Whatever about the legality of it I'd find that of very bad taste unless there was a very good reason for it.

Clareman · 15-10-2015 09:24PM

Boskowski wrote: »

Whatever about the legality of it I'd find that of very bad taste unless there was a very good reason for it.

Oh yeah, I reckon if an employer is checking your GMail they are just looking for a reason to get rid of you

uck51js9zml2yt · 15-10-2015 09:24PM

Clareman wrote: »

This is a fictitious scenario so assume there isn't any policies in place and only employment law is enforce.

If its fictitious then it belongs in another forum:cool:

Clareman · 15-10-2015 09:26PM

Tatum Melodic Graphics wrote: »

If its fictitious then it belongs in another forum:cool:

Opened up an interesting debate about accessing personal stuff via work devices though.

Manach · 15-10-2015 09:34PM

Clareman wrote: »

So eventhough it's accessible easily they can't check it?

Yes, with the usual legal cavaets : any defence the company might use would depend a lot on circumstance and reasonableness of their breach of the expectation of privacy.

Clareman · 15-10-2015 09:40PM

Makes sense I suppose, a bit like spotting something you had stolen through a window of a house you were renting to someone, you have to go through the proper legal channels, you can't just go in through an open door to take it back

Employer Accessing GMail Account

Comments