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Company mobile phone: can it be controlled by the employer?

What is known about company cell phone audits? Can it be controlled by the employer?

Any working environment must be preserved in all available ways, and therefore employers must be skilled at creating a relaxed but safe atmosphere, correctly supervising employees and carrying out daily tasks. With modern technology and tools launched on the market with a certain continuity we have reached the point of installing high resolution video camerasbut nowadays you also have the opportunity to release the so-called company phones. Each device has its own precise purpose, and its integrity must be protected through good and balanced management.

In the same way that surveillance cameras must be used in compliance with privacy laws and only for legitimate purposes, the control tools for company mobile phones (regarding their functioning we would like to point out this in-depth study by endoacustica.com on spy mobile phones) must also be used in compliance with current regulations. This means that the employer must be aware of local laws and regulations governing the surveillance and monitoring of employees, ensuring that monitoring practices are transparent, proportionate and respectful of employee privacy. In this regard: what is known about checks relating to company mobile phones? Can it be controlled by the employer?

Company mobile phone: employer controls

An employee's company mobile phone may be subject to checks by the employer, or whoever on his behalf, when there is a well-founded suspicion relating to the completion of a unlawful act harmful to the company. Despite making this premise, it is essential that the checks are carried out following the current privacy regulations of workers, respecting each of the principles: transparency, safety, necessity. An eventuality that absolutely cannot happen is that in which the employer takes possession of the company mobile phone to access the employee's documents and sensitive data, saving everything on another device. It is specified that this scenario is only possible warning in advance the employee concerned and providing a more than valid reason; otherwise it would be a violation of privacy.

The employer must safeguard the company, and if it ever has a well-founded suspicion of wrongdoing, it can personally carry out – or commission – the necessary checks on the company mobile phone of the person concerned. Should ambiguous files or other “particular” data emerge, the latter may be collected and stored to do all the investigations of the case. The Court of Cassation may intervene to rule on controls and offenses committed by employees against their own company, via the company mobile phone. However, the issue of privacy and its violation is still very thorny, so cases and their respective company regulations vary quite frequently.

What employees can do with the company mobile phone

When an employee is assigned a company cell phone, it means that the company intends to give benefits for professional purposes, both inside and outside the working environment in question. However, these devices are mostly used by employees who work off-site, for example to carry out a business negotiation abroad. The company mobile phone can also be used to better organize the tasks to be carried out on a specific date, or to save useful reminders. Furthermore, employees in possession of a company mobile phone have the opportunity to communicate more easily and without extra costs between themensuring that the various company departments are perfectly productive.

On the contrary, with this device the employees they are not allowed to download external appssurfing the net, sending messages via normal SMS or Whatsapp, as well as for other personal uses, with rare exceptions. For example, you could find yourself stuck in an elevator, and in that case the company mobile phone is the perfect tool to alert colleagues of the unfortunate accident. If, however, an employee makes abundant private and personal use of the company mobile phone, e.g for reasons outside of workmay be subject to dismissal.