There are two sides to every coin and two sides to every MSN messenger, an
online message relay program. While providing a convenient and lively
communication channel, it may sometimes prove to be disastrous, landing its
users in serious trouble.
Cai, a receptionist with a Shanghai-based company, was temporarily suspended
recently after her general manager Ge saw details of Cai's MSN conversations
during supply transactions with an office supplier on her MSN chat log, wrote
the Shanghai Morning Post.
On October 23, 2006, Cai, returning to her
computer from a ten-minute errand, found her manager Ge looking at her computer
that she had left in the care of a colleague while she was out.
"What
are you looking at?" Cai asked.
Ge, instead of answering Cai's question, called Cai into her office. Ge told
Cai that she had read her chat log, and said that talks on office supplies
transactions reveal Cai might have received commission from the supplier.
Cai said she didn't do it, but Ge still temporarily suspended her from work.
During an interview with the paper, Ge said she did not intentionally read
Cai's MSN chat log.
"On October 23, Cai left her desk without shutting down the MSN messenger.
The colleague who took her place in her absence noticed in Cai's chat log that
Cai had been talking about purchasing office supplies. The colleague then
referred her discovery to the human resources manager, who reported it to me,"
Ge was quoted by the paper as saying.
Ge told the paper that besides the office supplies transactions, Cai also
talked about the company leaders, saying things such as "the general manger is
tough," things that an employee is not expected to discuss with clients.
Further investigation revealed that the office purchase accounts, which were
Cai's responsibility, were in a mess. For example, Cai signed on goods delivered
without any receipts. In other cases, the actual number of some office equipment
does not match the number signed for.
On October 24, Cai complained to the proper company authorities about Ge's
unauthorized reading of her private chat log. She claimed it was an invasion of
privacy. She asked that Ge apologize to her in front of all other employees, but
her request was denied. Cai said that she is planning to take legal action.
Wang Zhan, a lawyer with a Shanghai-based law firm, said that whether
Ge's behavior constitutes a privacy violation remains to be seen.
Wang told the paper that when using MSN messenger, employees are expected to
comply with company regulations and not to do anything harmful to the company.
If they are found to be doing so, it is difficult to determine whether the
company is violating their privacy or not.
But he stressed that a company does violate employees' privacy if it uses
software to monitor MSN messenger.
The case also sparked a hot debate among netizens on sina.com, a Chinese news
portal.
Some of the netizens wrote that there is no such thing as privacy during work
time.
"The computer Cai used belongs to the company, so does her time and the
Internet connection. It is nonsense to speak of privacy during working hours," a
netizen commented on sina. com.
Others disagree.
"The right to privacy does not change between work and private life. If no
privacy exists during work hours, does that mean that employees have to let the
boss listen in on their phone calls?" argued another netizen.