
Computer Privacy at Church
What employees need to know before logging on.
by Richard R. Hammar | posted 7/04/2008
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It is important for employers to have an appropriate computer policy. Such a policy will minimize or eliminate employees' expectations of privacy in employer-provided computers, thereby providing a viable defense against alleged Fourth Amendment violations and invasions of privacy.
There are several important issues that should be addressed in a church's computer policy, including the following:
- The policy should cover employer-owned and provided computers.
- The policy should clearly describe authorized and unauthorized use of church-provided computers, and give examples of both.
- The computer policy should describe the possible consequences of inappropriate use of church-provided computers.
- The policy should clearly authorize the employer to access, monitor, analyze, and inspect its computers at any time, with or without permission or advance notice. The policy should specify which officers or employees are authorized to inspect church-owned computers. These may include the senior pastor, board members, church administrator, denominational officials, law enforcement officials, computer specialists (whether or not employed by the church), or anyone authorized by the senior pastor or board.
- The policy should state that employees have no "expectation of privacy" in their church-provided computer, or its contents.
- The policy should advise employees that the church will cooperate fully with law enforcement officers in the detection of criminal activity involving church-provided computers.
- All church-provided computers should have a start screen that reminds employees of the terms of the employer's computer policy.
- The policy should explain the reasons for the employer's right to access computers. These may include some or all of the following, depending on the circumstances: (1) monitoring inappropriate use of the Internet; (2) monitoring excessive use of the Internet; (3) access to information on employees' computers in their absence; (4) preventing copyright violations by employees who copy computer software without authorization; (5) minimizing the risk of computer viruses; (6) updating church-owned software; (7) detection of communications among employees that may constitute sexual or other forms of harassment for which the church may be liable.
- Explain the policy to all new employees at the time of hiring.
- Have all new employees sign a statement acknowledging that they understand and agree to the policy "in consideration of their employment." Alternatively, they can sign a statement agreeing to be bound by the church's employee policy manual, if it contains the church's computer policy.
- It is not clear whether a church's computer policy can apply to current employees unless the church provides them with something of value in return for their consent to the policy. This is a result of the basic principle of contract law that no contractual commitment is binding unless a party receives something of value in exchange for his or her commitment. This problem may be avoided by having current employees sign a written form (agreeing to the policy) at the time they receive a pay raise. This is an issue that should be addressed with a local attorney.
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