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Privacy laws exist in most countries.
Legal infractions can be found in a variety of forms. For example, without
policies in place that state the company has a duty to inspect the companies'
computers for unapproved software or to examine systems for Trojan Horses,
an employee can make a case against the company for invasion of privacy.
AUP = CYA
A well-prepared Acceptable Use Policy is an important part of operational security.
More and more organizations are monitoring one or more aspects of network use. Some experts feel that unless an acceptable use policy states otherwise, employees have a reasonable expectation of privacy of their electronic mail, files and network communications. This reasonable expectation could result in a challenge for you if you ever needed to present electronic evidence to back up an action such as a staff dismissal. Therefore, we strongly recommend that you put a policy in place stating what you are monitoring.
Additionally, clients of the company
have a legal right to expect that their business with a firm is kept
private. Some sectors such as the medical industry have additional demands
placed on them, such as those described by the HIPAA regulations for
the health care industry.
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CertiGuide for Security+ (http://www.CertiGuide.com/secplus/) on CertiGuide.com
Version 1.0 - Version Date: November 15, 2004
Adapted with permission from a work created by Tcat Houser et al.
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