When it comes to weighing the needs of corporate
security against the rights of employees to privacy
in the workplace, IT managers find there's really
no contest.
It's all about the security.
Increasingly, security managers and IT managers are
looking down the barrel of employing monitoring software.
And it's not always for monitoring the perimeter.
More and more of it is geared to monitoring people
inside the company -- scanning incoming and outgoing
emails for certain words that might warn of corporate
information being leaked, logging keystrokes, and
keeping track of what Web sites workers are going
to.
And security analysts agree that it's a necessary
step to take, even if monitoring people you have coffee
with in the break room doesn't feel exactly right.
Despite most people's fears that hackers will break
into the company and destroy data or steal critical
information, more often than not, security
breaches come from the inside. It's the company's
own employees -- the man working in HR, the office
manager -- who are wreaking havoc. They're snooping
into colleagues' personnel files. They're changing
their own records. They're even being paid by competitors
to sneak key marketing or engineering plans out of
the office.
"Insider risk is still the single highest potential
loss that a company has," says Dan Woolley, a
vice president at SilentRunner, a network security
company. "We know historically that there are
huge amounts of potential risk associated with insider
use of technology. It could be as simple as someone
leaving a wireless connection open. Or if somebody
becomes disgruntled or doesn't like another employee,
she can do things that will cost the corporation a
lot of money. That's where you've got to be really
careful."
Gartner Inc., an industry analyst firm, reports that
most financial losses come at the hands of insiders
-- either working alone or with someone outside the
company. Other analyst firms suggest that as much
as 70% to 90% of security breaches come from the inside.
And face it, it's the employees -- not the kid home
alone after school and not even paid corporate saboteurs
-- who know how best to hurt the company. They can
more easily guess at the boss's password. Maybe they've
even seen the password on a Post-It stuck to her monitor.
They know when new projects are being planned out.
They probably even know where the key information
is stored away.
It's all right there for the taking for anyone who
has the motive to go get it.
"Look, we could be talking about people being
paid $20,000 or $30,000 a year," says Woolley.
"They're being enlisted by people saying, 'How
would you like us to pay for your daughter to go to
college? You just need to get us some information. "How about $5,000?" Corporate data is very critical, but corporate networks are very porous. This happens a lot more than we'd like to think it does."
The figures about insider-based security problems
are enough to make IT managers look twice at the colleagues
he's passing in the hallway or sitting beside in monthly
meetings. But monitoring them is still not always
an easy step to take.
"Security managers and CIOs are well aware of
the threat posed by insiders, but often find it easier
technically and politically to take action against
external threats instead," says Victor S. Wheatman,
managing vice president for Gartner. "Businesses
must take steps to secure themselves against criminally
intent insiders or resign themselves to suffering
significant losses from insider crimes."
What About Employees' Rights?
Once IT managers get around the fact that they're
monitoring their employees and the fact that it's
going to take another bite out of their already dwindling
budgets, then they have to figure out what they have
the right to monitor.
Do employees have the right to expect privacy in the workplace?
No, say most industry experts. When it comes to using
the company network, company computers, the corporate
email system, even the company phone system, everything
that crosses those connections is company information.
If an employee is shopping online during his lunch
break, it's the company's business. If another employee
is sending an email to his college roommate, the company
has the right to read it. If a worker is checking
her personal HotMail account, the company even has
a right to read that since she's checking it over
the corporate network and on the corporate computer.
"The law says that there should be no expectation
of privacy in electronic documents and email,"
says Vincent Schiavone, president of Philadelphia-based
ePrivacy Group Inc. "No employee should expect
privacy in the workplace. The companies have a requirement
to maintain a safe workplace. That's hard to do. They
have a requirement to have adequate security on the
system."
But they also have a requirement to set up a clearly
stated policy regarding employee usage of the Internet
and email. If a company is going to monitor employees,
that also needs to be in the policy and employees
need to be educated about it, says Mark Rasch, senior
vice president and chief security counsel of Omaha,
Neb.-based Solutionary, Inc.
"You have to tell employees that you intend
to monitor email, Internet use..." says Rasch,
who notes that monitoring policies take a lot of planning
and should involve HR, the legal team, IT and business
executives. "You have to have the policies well
posted and well-known in the company. You have to
have the employee's consent for legal reasons."
Rasch says federal and state wire tapping laws require
employee notification of all in-house monitoring.
The federal Electronic Communications Privacy Act
extends wiretapping laws to electronic records, which
includes email and web browsing.
"You don't want people to be caught by surprise,"
adds Rasch. "You don't want people to think they
have privacy when they don't. You need to spell out
to employees that you plan to look at all that stuff.
If you don't plan to look at it, then spell that out
as well."
Rasch says employers really need to drive home the
point with workers that they shouldn't expect privacy
in the workplace. Give them specifics. If the company
wants to be able to monitor personal emails sent over
company computers but on a personal Yahoo account,
tell them so. If the company plans on monitoring keystrokes
when an employee is checking her online bank account,
tell them so. If employees shouldn't be doing anything
personal on company time, spell that out.
"You've got to set up their expectations,"
adds Rasch. "People say they have no expectation
of privacy and then they act like they do... One of
the problems is that people's expectations of privacy
are based not only on the policy but on how the policy
is enforced. If you have a usage policy that's never
enforced or enforced indiscriminately, then people
develop expectations of privacy. Then they'll be shocked
and upset when you do monitor them."