The computer age has undoubtedly transformed the operation of UK business but it hasn’t been without consequences. With new technology came new risks including viruses and employee abuse of the resources provided. As a result policies governing computer use are not uncommon in most workplaces but have they advanced at the same rate as technology?

Computer use policies will generally cover rules regarding employees’ use of the internet and email facilities to protect the Company against a multitude of sins, including:

• unauthorised access to, or loss of, information
• copyright infringement
• defamation
• accessing and distributing pornography 

As essential as these still are, it is equally important that you don’t let your policy fall behind the times. Have you, for example, considered the risks presented by the following?    

1. Blogging

People using blogs, or online diaries, has become much more widespread and so has the negative response of employers. So much so, that UrbanDictionary.com has included a new term "dooced" which means “to lose your job for something you wrote in your blog.

The perils of blogging include the danger that confidential company information may be leaked or that personal details about other employees may be disclosed. If the blog is written using company equipment or during company time the blog may effectively be “owned” by the Company, exposing the employer to liability for a breach of the Data Protection Act or defamation. The main disciplinary offence appears to be that the Company can be identified from the blog resulting in damage to the reputation of the business. 

Bloggers may seek to rely on the Human Rights Act to ensure their freedom of expression and any controls you put in place must be legitimate and clearly communicated. An English secretary working in Paris has recently won a test case in France, which is expected to have wider ramifications across Europe. Miss Sanderson lost her job as a result of keeping an online diary in which she made public aspects of her life and working day. Although she didn’t mention her employer or colleagues by name, she posted pictures of herself on the site. When her employer found out, she was sacked for bringing the company into disrepute. The Paris industrial tribunal concluded that her dismissal was "without real and serious causes" and awarded her more than £30,000 for wrongful dismissal. 

Alternatively, you can embrace the new trend and even provide server space for your employees. Blogs can be an effective PR tool, putting a face to the Company, and giving prospective employees a realistic view of what it’s like to work for the Company.

2. Memory sticks

These removable storage devices benefit the growing population of mobile and remote workers. However, they also present a security risk for employers; exposing the network to viruses, potentially illegal material or unlicensed software and possible loss or theft of data.

The use of memory sticks can be hard to notice and distinguish. There is usually little or no visibility of the devices being present on the networks or where the information subsequently ends up.  Memory sticks are also difficult to detect physically as, despite the large amount of information they can hold, they are very compact and fit easily into a pocket. Their size also means that they can be easily lost with whoever finding it having access to the information stored, unless otherwise protected.

Some companies are banning the use of memory sticks altogether but less drastic measures could be to purchase a software that protects your network and information, control who you give these devices to and insist that any information stored is encrypted or password protected.

3. iPods and MP3 players

These media devices, like the memory stick, present a security risk to the network but other risks arise if they are being used by employees during working hours. How does this effect productivity? Are they distractive devices that ought to be banned, as the CBI suggest, or as some occupational psychologists claim, can listening to music help concentration and increase productivity in certain situations?

Your approach will obviously depend on the circumstances, but the health and safety aspects need to be considered. In some jobs the potential for distraction or the reduced awareness to external noises may be an unacceptable risk of injury, particularly if the employee is operating machinery or surrounded by moving people or objects. Wires may become trapped causing accidents.

If you do allow employees to use them, consider your obligations under the Control of Noise at Work Regulations and warn employees of the risk of listening to music for prolonged periods or too loudly, which can cause premature hearing loss.

4. Camera/Mobile phones

Complaints of “cyberbullying” in the workplace are beginning to emerge and it is important that your policies make it clear that bullying or harassment in any form will not be tolerated. This should include conduct relating to email, instant messaging or text messages, pictures and video clips and phone calls.

It is clear that each new trend must be analysed to assess any risk to the business. Any implications for employees, which arise as a result of managing the risk, should be clearly communicated. Our recently updated Internet and Email Policy can help you do just that!