What are the laws governing employee use of company computers?

Employees in California have specific rights when it comes to using company computers, both in terms of personal activities and those related to their jobs. For personal use, the California Labor Code states that employers may not restrict their employees’ rights to use the computer and email systems for any lawful purpose. This means employees in California can use their work computers for emailing family and friends, internet browsing, and social media. Employers can restrict the use of these systems for commercial purposes, such as operating a business or selling products. When it comes to work-related activities, California employers must adhere to the Electronic Communications Privacy Act (ECPA). This law states that employers must obtain employee consent before they can monitor, access, or distribute employee data. Additionally, employers must provide employees with reasonable notice before they commence any monitoring or retrieving of electronic data. Employers in California are also required to ensure that their computer systems are secure and that they protect employee data. This means employers must install anti-virus and anti-spyware software and use secure passwords for employee accounts. They must also regularly back up data and minimize access to restricted files. Finally, employers must also comply with the California Confidentiality of Medical Information Act (CMIA). This law requires employers to keep any employee medical information secure and confidential.

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