Legal Notice
The issue of legal security when using programs for monitoring user activities on computers and collecting information is of utmost importance.
Guidance for Organizations
1. Organizations have the right to use monitoring software to track employee activity in the workplace during working hours. Article 15 of the Labor Code of the Russian Federation: "Labor relations are relationships based on an agreement between an employee and an employer for the personal performance of labor functions (work in a specific specialty, qualification, or position) by the employee for remuneration, subjecting the employee to the rules of internal labor regulations while ensuring the employer provides the labor conditions stipulated by labor legislation, collective agreements, agreements, and labor contracts." Article 22 of the Labor Code of the Russian Federation: "The employer has the right to demand that employees fulfill their labor duties and treat the employer's and other employees' property with care, in compliance with the internal labor regulations of the organization."
2. The responsible person in this case is considered to be the organization's head or another employee appointed by the head through an appropriate order.
3. In accordance with the Labor Code of the Russian Federation, a work computer (which serves as a means of production for office employees) must be used by the employee to perform their direct job responsibilities. Therefore, using a work PC for personal purposes contradicts the Labor Code of the Russian Federation. Article 21 of the Labor Code of the Russian Federation, employee duties:
- to diligently perform their labor duties assigned to them by the labor contract;
- to comply with the internal labor regulations of the organization;
- to observe labor discipline.
4. Since the head of the organization initially possesses the personal information of their employees, the law on personal data protection cannot impede the use of monitoring software for employees, such as OctoWatch. Article 85 of the Labor Code of the Russian Federation: "Personal data of an employee is information necessary for the employer in connection with labor relations and concerning a specific employee."
5. Furthermore, the use of OctoWatch aims not only to maintain labor discipline but also to preserve information that has commercial value and is confidential. Actions by an unscrupulous employee may lead to losses for the employer, including lost profits. With the evidence of the employee's unscrupulous actions, the employer can demand compensation for damages according to Article 15 of the Civil Code of the Russian Federation.
6. Before installing monitoring software for employee activities, it is necessary to:
7. It is important to limit the number of individuals who have access to the collected data. Remember that using someone else's authorization data and disclosing private information is subject to criminal liability.
Guidance for Users of Their Own Computers
1. If the computer you are using is your property, you have the right to install any software on it. If someone else uses your computer - we recommend informing them that monitoring software is installed on your computer.
2. If you plan to install OctoWatch on a computer that does not belong to you - your actions will violate the Criminal Code of the Russian Federation (chapters 19 and 28).
3. If you have received any confidential information (for example, a login and password for a social network) and use it to access an account - you are violating the law.
4. If you disclose information about someone's private life (for example, publishing someone else's correspondence), you are also violating the law.
5. If you gain access to other personal data without the consent of their owners - you are also violating the law.
