“It gives me goosebumps for some reason”… A new employee with 3 months of experience is worried about leaving the company [I don’t know the law]

Reason for complaining of new employee after 3 months

“Is it okay if I get the consent form?”… Is there any illegality in ‘employee PC surveillance’?

When checking messengers such as KakaoTalk using ‘screen recording’
“There is a high possibility of violating ‘secret infringement’ under the Communications Network Act”
‘Camera recording’ for working from home is also illegal.
“Consent is not the answer… Be sure to check the ‘scope of purpose’”

"I feel like I'm working while being watched. It gives me goosebumps for some reason."

Netizen A, who said he had been with the company for three months, recently asked on an online community, "Is there any company that monitors employees' computer screens in real time like this?" He said, “I have to share not only all the files on my personal computer (PC) but also KakaoTalk chats,” and “I’m wondering whether I should continue working for this company.”

As telecommuting has emerged as a new type of work environment after COVID-19, demand for programs that monitor employees' PCs in real time is gradually increasing. However, despite the advantages of effective attendance management and security maintenance, it is pointed out that some functions have a high risk of violating current laws, such as invasion of privacy.

“There is a high possibility that it will be used for expedient ‘messenger surveillance’”
The 'camera recording' function for working from home is also controversial over its illegality.

Programs that allow users to check, record and save PC screens in real time during work hours can be operated under current law with employee consent, but the problem is the personal messengers used by employees. This is because if personal messenger content is exposed in real time through screen relay, it may violate Article 49 (Protection of Confidentiality, etc.) of the Information and Communications Network Act.

This provision states that one must not infringe, steal, or leak other people's secrets that are processed, stored, or transmitted through information and communications networks. If you violate this, you may be punished by imprisonment for up to 5 years or by a fine of up to 50 million won pursuant to Article 71 of the same law.

In fact, monitoring company A openly advertises on its website that it can check messengers such as KakaoTalk, Telegram, and Line used by employees. This is all through real-time screen recording. Regarding this, an official from the company said, "It is possible to 'shade' a specific messenger through settings," but "the authority lies with the administrator."

Choi Hyun-deok, lawyer at Daeryun Law Firm, said, "It is of course legal for a company to check 'business conversations' later for the purpose of confirming whether an employee has committed misconduct," but explained, "However, it is difficult to immediately determine whether the messenger conversation captured in the real-time screen recording was for personal purposes. In fact, there is a high possibility that it will amount to wiretapping of personal conversations."

Kim Byeong-jun, a lawyer at the Inguayul Law Firm, also analyzed, "As it is technically difficult to check conversations directly through the messenger program server, screen recording-type monitoring seems to have become established." He added, "Expedient monitoring of messenger conversations clearly has an illegal aspect."

In addition, as the number of people working from home has recently increased, concerns have arisen about the 'camera recording' function, which was created for the purpose of checking attendance and work attitude. Through this function, companies can check employees working from home in real time through a separate video camera or the camera built into the laptop.

It is of the opinion that the camera used for this function may be considered a video information processing device under Article 2 of the Personal Information Protection Act. Previously, famous pet trainer Kang Hyeong-wook was also caught up in suspicions that the company he ran monitored employees through a video information processing device commonly called closed-circuit (CCTV) TV.

Attorney Choi Hyun-deok said, "The camera recording function of the monitoring program can be interpreted as a mobile CCTV. According to Article 25, Paragraph 2 of the Personal Information Protection Act, such devices are prohibited from being installed in areas where privacy is violated when collecting information through wired or wireless Internet. 'Inside the house' is judged to be a private area."

Experts advise that even if you agree to monitoring, you need to check whether the program is being operated according to its actual purpose and scope of use. In fact, in 2009, the Supreme Court ruled that in order for a company to check messengers and e-mails, even if an employee consents, there must be a justification for the purpose and circumstances that can specifically and reasonably suspect a crime.

Attorney Choi emphasized, "In a situation where the form and scope of employee surveillance is controversial, recent lower court results show that the courts are basically becoming increasingly strict with the viewing and leakage of personal information. Even if consent is given, there is a need to carefully consider whether the program was used within the scope that exactly fits the purpose of collecting personal information, such as attendance management and security maintenance."

He added, "This issue is still a matter of intense debate in the legal community," and added, "As Supreme Court precedents regarding employee surveillance using new technologies such as real-time recording programs accumulate, clearer legal standards are expected to be established."

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