Social media on office computer
I work for a consulting firm based in the city. The company provides us with laptop computers to carry out our work. I downloaded a social media app on this computer and used it strictly after office hours to communicate and catch up with friends. One day, I complained to my closest friends about my boss, only to have my boss call me the next day to discuss the issue. I was shocked and wanted to find out how he knew about what I said. I later discovered that he accessed my social media through the work computer. I believe this is a breach of my privacy. Do I have a good case against my boss? Please guide me.
JK, Mwanza
This is a complex situation that requires a balance of rights between employers and employees. Generally, employers have the right to monitor their employees’ use of the Internet on computers owned by the employer during employees’ on-duty hours. However, employees also have the right to privacy, as guaranteed under Article 16 (1) of the Constitution of the United Republic of Tanzania of 1977, which states that every person is entitled to respect and protection of their privacy, the privacy of their own life, their family, matrimonial life, and the respect and protection of their residence and private communications. Some companies have clear policies and guidelines to manage social media usage on company devices. In some cases, the company may restrict after-hours use of company devices, mainly when it involves social media and private communications. Since you have not provided all the facts, we can only assume that there was no policy in place.
Our general comment is that private communications are restricted on company devices, as these devices are intended for work-related matters and communications. Therefore, if an employee uses a work device for private communication, the employer will not be considered to have interfered with the employee’s privacy, as it is understood that the employer has the right to access work devices. We have not had a case of this nature in our Courts. However, a recent decision in Uganda favoured the employer on the grounds that there was no breach of privacy when employees used social media on company devices. Your lawyer can provide further guidance.