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3 legal risks from employees’ camera phones

October 31, 2008 by Sam Narisi
Posted in: Employee computer use, In this week's e-newsletter, Latest News & Views, Security and law

These days, most cell phones come equipped with built-in cameras. Those devices pose several little-known legal risks when they’re brought into the workplace.

Three problems companies have heard complaints about:

1. Harassment

In some cases, employees have been caught snapping pictures of female co-workers and distributing them around the office. That’s an obvious harassment issue that must be dealt with swiftly if complaints are made, or the conduct is discovered by manager.

Lawyers also warn about services that deliver pornography straight to a user’s cell phone. Courts have ruled that the presence of porn in the workplace can be enough to constitute a hostile work environment in violation of the law.

2. Privacy

Recently, two employees at a New Mexico hospital were fired after they snapped pictures of patients on their camera phones and posted them on the Internet.

Similar situations have been reported at other hospitals, as well as other types of businesses.

3. Data security

One way rogue employees and other hackers steal confidential data about companies, employees and customers is to steal the electronic files.

But when security controls make that impossible, another method is to just snap a picture of the desired information. Make sure confidential papers are locked up and electronic files are password-protected.

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