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disclaimer?

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(@yvayman)
New Member
Joined: 19 years ago
Posts: 2
Topic starter  

I was wondering if someone could share a template regarding a disclaimer that will protect organization and allow the organization to conduct forensic examination of its employees computers.

I am looking for a keywords that we could use either in the policy or in the banner stating that user's wave their right to privacy either by accessing remotely company resources or when they use their work pc.

Thanks.
Yury


   
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(@armresl)
Noble Member
Joined: 21 years ago
Posts: 1011
 

You should really get your corporate counsel to draft that up for you. The language that someone else uses could very well not apply to your situation.

In addition, you drafting up the policy without legal help could result in a loophole or something backfiring on you.


   
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(@yvayman)
New Member
Joined: 19 years ago
Posts: 2
Topic starter  

Thank you. That is what I said my manager. I guess, our legal needs some help ) I was just wondering what other corporations have.

Thanks.
Y


   
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(@trewmte)
Noble Member
Joined: 19 years ago
Posts: 1877
 

Thank you. That is what I said my manager. I guess, our legal needs some help ) I was just wondering what other corporations have.

Thanks.
Y

In addition to my forensic work, back in 1998 to 2002 I was head of a Fraud and Security SIG in the UK for an association whose members spent £8B per annum on communications. You could say I used this time to increase my forensic skillsets for evidence arising in the workplace. One issue I had to deal with in 2001 was Communications Surveillance in the Workplace.

I generated a discussion document and researched certain relevant issues and the document was circulated to members and other interested parties. It is based on UK and EU legal issues, so sorry it nots US savvy in that respect. You may find though that it might provide helpful observations for your legal advisor. I have looked back in archive and have put a .pdf document into a Winrar file for you which you can download.

http//www.filebucket.eu//files/25/Communications%20Surveillance%20Workplace.rar


   
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(@trewmte)
Noble Member
Joined: 19 years ago
Posts: 1877
 

Thank you. That is what I said my manager. I guess, our legal needs some help ) I was just wondering what other corporations have.

Thanks.
Y

In addition to my forensic work, back in 1998 to 2002 I was head of a Fraud and Security SIG in the UK for an association whose members spent £8B per annum on communications. You could say I used this time to increase my forensic skillsets for evidence arising in the workplace. One issue I had to deal with in 2001 was Communications Surveillance in the Workplace.

I generated a discussion document and researched certain relevant issues and the document was circulated to members and other interested parties. It is based on UK and EU legal issues, so sorry it nots US savvy in that respect. You may find though that it might provide helpful observations for your legal advisor. I have looked back in archive and have put a .pdf document into a Winrar file for you which you can download.

http//www.filebucket.eu//files/25/Communications%20Surveillance%20Workplace.rar

Having just read the news thread feeds at ForensicFocus, one article I saw reminded me of this thread and may provide some further assist to yvayman who originally posted the question about disclaimers

Monitoring of employee breached human rights, says European court
http//www.out-law.com/page-7936

See The judgment
http//www.bailii.org/eu/cases/ECHR/2007/253.html


   
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(@reverendlex)
Eminent Member
Joined: 21 years ago
Posts: 23
 

It is based on UK and EU legal issues, so sorry it nots US savvy in that respect. You may find though that it might provide helpful observations for your legal advisor. I have looked back in archive and have put a .pdf document into a Winrar file for you which you can download.

http//www.filebucket.eu//files/25/Communications%20Surveillance%20Workplace.rar

Interesting. I haven't looked into EU data protection laws for a few years.

US data privacy laws are significantly different. Our laws are more concerned about what the government can and can't do with data.

Private actors are largely unregulated, with a few exceptions (I'm thinking financial, medical and video rental information). It's possible with a well written employee waiver to protect the employer.

Unfortunately, it's not a DIY project- you've got to consider every State's laws as well. Cribbing from someone else's policy is riskier than going without, IHMO.

I'd suggest finding a few policies that you like, sending them to legal counsel and going from there.


   
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(@trewmte)
Noble Member
Joined: 19 years ago
Posts: 1877
 

….you've got to consider every State's laws as well.

That must be a nightmare to contend with.


   
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