Hello, are you off work? Did you enjoy your work today? Have you been serious about fishing?
Be careful, it's not difficult for your boss to know what your day is doing.
The elusive monitoring software, the toilet pit timer, the card once every five minutes… I thought that Jiang Lang was done, but now there is a simple and hard-core "camera Dafa".
Some time ago, some media reported that "a company in Shenzhen has set up a one-to-one station camera" , and netizens called it "precise anti-fishing".
The company's partners responded that the camera was installed to prevent the game from leaking before release and would not be used for other purposes. It cost more than 20,000 yuan to install the camera, which has been removed due to misunderstanding.
It seems reasonable to install surveillance for the purpose of "secrecy" rather than "anti-fishing", but whether it is illegal or violates personal privacy, it might as well be more real.
It's not illegal for your boss to stare at you at work
Song Jingyi, a lawyer from Beijing Jingshi Law Firm , pointed out that it is not illegal for the company to install cameras in public areas, but installing cameras on individual workstations "one-on-one" may be suspected of violating employees' privacy rights:
The information collected by the installation of monitoring equipment in public places can only be used to maintain public safety. If the employee knows and agrees, there is no problem; if the employee does not accept it, the company's forced installation is suspected of breaking the law, and the employee can complain to the supervisory authority.
Similar to the workstation camera, it is also not illegal to install monitoring software on the office computer.
▲ Picture from: "Life Cutting Technique"
Peng Xiaohui, a lawyer at Fujian Fenghua Law Firm, said that the company installed computer monitoring software in the workplace and did not illegally disclose employees' personal information, but only monitored the behavior of employees during working hours. "This belongs to the company's right."
At the same time, according to Article 1032 of the Civil Code, the software can generally only be used for official business purposes, within a "limited scope."
The question is, what is "within a limited scope"? No one can say exactly where this border is.
From the perspective of individuals, China's Personal Information Protection Law stipulates that the collection of personal information should be limited to the minimum scope to achieve the purpose of processing, and excessive collection of personal information shall not be allowed.
From the company's point of view, if employees are informed in advance (preferably in writing) and the personal information of employees is not illegally disclosed, then the company installs cameras in the office or uses software to monitor the work of employees , at least not legally prohibited.
In short, whether it is within the "limited scope" can only be analyzed on a case-by-case basis.
▲ Picture from: "The Truman World"
In fact, as early as more than 20 years ago, employee online behavior monitoring software has been put into use.
But somewhat subtly, monitoring has grown in scope—from safeguarding a company’s core data and customer resources, to sensing employee behavior and monitoring employee turnover.
In February of this year, a set of "behavior perception system" of "Sangfor" company caused heated discussions. It can monitor and predict employees who are likely to leave the company, and solve the so-called "pain points" such as "personnel turnover risk" and "employee sabotage". .
Jiang Wenguang, secretary of the board of directors of Sangfor, said that the focus of the "behavior perception system" is to track and analyze leaks. The company does not monitor whose data, it is the customer's own behavior:
It can be understood that we are selling knives and have a license. We have no way to interfere with who bought the knife and what it is used for.
The "behavior-aware system" is more like an upgraded version of monitoring software, and there is no definite answer to whether it is illegal or not.
One view is that judging resignation is difficult to be considered necessary for human resource management ; the opposite believes that this can be understood as "a way of digitally assisting talent management decision-making", although it is simpler and cruder.
▲ Picture from: MangoStar Studio/iStock
At the very least, as mentioned above, companies should clearly inform and obtain employee consent.
It is understandable that companies use monitoring or software to secure information and improve employee efficiency.
However, because there is no definite boundary, it is difficult to balance the rights of enterprise management and the personal rights of employees, and the boundary of employee privacy is constantly eroded.
No matter whether it is a storm or a surveillance camera, it is only a short visible ripple, and the undercurrent under the water surface has long been surging. "Sino-Singapore Jingwei" survey found that "employee monitoring" has become a business:
Relevant programs can monitor employees' web browsing records and chat records unknowingly, monitor screens in real time, and analyze employee turnover risks. Each computer charges 350 yuan.
There are so many ways to stop you from fishing
In the mouths of bosses, cameras and surveillance software are for information security and work efficiency.
We don't have to be so formal, just talk about what other ways to "prevent fishing".
In October 2020, Kuaishou was exposed to install a toilet pit timer , which can be called a "paid shit" killer, but this may be a beautiful misunderstanding.
@kuaishou small customer service responded that because the toilets in the park are limited, and it is inconvenient to directly increase the toilet pits, the timer is installed to test the number and time of toilet usage, and to determine the number of mobile toilets that need to be increased.
In November 2021, Gome Group's "Notice of Punishment for Violating Employee Code of Conduct" revealed that 11 employees were notified of "occupying the company's public network resources and engaging in matters unrelated to work", among which applications with high frequency include Tencent Video, Douuuuuuuuuuuuuuu Music, NetEase Cloud Music, etc.
By the way, Gome Group also stated that it is highly concerned about the violations and leaks of internal reports, and will be held accountable according to the company's confidentiality regulations .
In April of this year, an executive in a Wuhan company asked employees to submit screenshots of "mobile phone battery application consumption" when they were off work, and randomly check how much battery power was consumed by the applications in the mobile phone during the day.
This method can be described as simple and rude, and it takes no effort to cut off the addiction to mobile phones, but the personal information in the employees' mobile phones belongs to personal privacy .
In May of this year, Suntech required employees in Chaoyang District, Beijing , to install computer monitoring software when working from home.
What's more exaggerated is that the camera captures a face every 5 minutes. If it fails to capture several times, all performance will be deducted, and the leaders and HR will also deduct money, resulting in "everyone dare not go to the toilet".
In addition, Tianyancha also has patents such as "smart job cards", and tracking the movement of employees in real time is no longer an illusion.
In response to these anti-fishing methods, a common complaint is "When a company begins to emphasize attendance, punching, and discipline, it is time to go downhill."
This sentence is a bit absolute, but it is not unreasonable, and it can also be understood in reverse – the company's operating condition is not good, so more attention is paid to internal management, but monitoring employees is only a convenient and expedient measure, and more difficult problems are ignored.
As Zhang Jiawei, head of the legal affairs department of CIIC Beijing, said, the key to enterprise attendance management is to clarify what the purpose is:
The direct object of attendance management is the working time of employees, but the value behind it is the management of the work order of the enterprise… A good enterprise does not need attendance management, but relies on attendance management to achieve what needs to be achieved, which has been effectively achieved by other means .
Over-monitoring of employees
Why do we have a psychological rejection of cameras and surveillance software in the workplace?
In the news about surveillance and anti-fishing, Bentham's "panoramic view prison" is frequently mentioned. Foucault takes it as a metaphor for modern disciplined society . It should not be understood as a building, but as a kind of Power Mechanisms and Political Techniques.
People in the "panoramic prison" can't see the people who are watching them, but they know that they are being watched. They will always be vigilant about their behavior and evaluate their behavior and posture according to the standards set by the organization at any time. Be your own "guardian".
In other words, from the moment you know that you are being watched, the "panoramic prison" has come, and this sense of distrust and power imbalance is uncomfortable.
▲ Picture from: "Play Time"
Mumford's "Technology and Civilization" shows us, from the 14th century onwards, how clocks have transformed man into a timekeeper, a time saver, and now a time prisoner. In a world made up of minutes and seconds, the authority of nature has been superseded.
Nowadays, the pursuit of "fishing" has given more value to time. It is about money, incarnates the numbers on the chart, and brings psychological panic to people, making us feel free to make mistakes and spend money. freedom of time to think.
▲ Picture from: "The Eternal Memory"
Excessive monitoring of employees is not necessarily good for the company.
During the epidemic, many American companies also used remote monitoring software to track employees' every move, including continuous screenshots, video recording, monitoring of specific keywords, and so on.
According to Fast Company, some academic studies suggest that it can backfire.
In 2017, a study by Baylor University found that monitoring software was associated with greater employee stress, lower job satisfaction, and higher employee willingness to leave.
In 2019, research from the University of Jyväskylä in Finland went a step further, showing that when employees are monitored, they are less willing to innovate for the company.
▲ Picture from: "Life Cutting Technique"
Even those who support surveillance software argue that it should be used "with caution," such as if employees feel it is necessary to improve the quality of their work, and companies don't track employees on some privacy-related sites.
For the boss, it is naturally best for employees to devote themselves to their work every minute and every second, but the most simple truth is that workers are not robots, and they will inevitably touch fish after high-intensity work. Otherwise, it's just a husk that looks busy but doesn't produce great results.
However, a company in Shenzhen that dismantled surveillance at the beginning will consider installing surveillance software or using other methods to prevent code leakage, "the cost may be higher."
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