Today running a business involves complying with a range of local, state and federal government laws ranging from taxes to privacy issues to work safety – the list goes on and you guessed it, this also includes technology use in business.
Employers
The enormous amount of information a business keeps about clients, suppliers and staff is stored and maintained on electronic media i.e. hard drives, computers, servers which can be damaged, lost or stolen. There is an obligation on employers to ensure this information is protected.
Here are just two areas of compliance relating to technology use in business to think about.
Employees
All business owners have an obligation to protect their employees.
Traditionally this has involved providing a safe workplace physically – now it includes a safe technology environment.
The fact is, today the use of electronic resources gives rise to potential misuse by employees. Such misuse may be in contravention of laws including equal opportunity and discrimination, defamation and infringement of intellectual property. This is a technology threat.
It can occur when employees use their computers to:
a. Harass other employees through messages containing racial slurs, pornographic images or gender related remarks.
b. Defamation can occur where a message contains a false statement that subjects an individual to hatred, ridicule or contempt.
c. Emailing information from the Internet or printed material without authorisation of the author/publisher.
Employers may be exposed to “Vicarious Liability” which means employers may be held liable for unlawful or inappropriate use of technology (and other areas) by employees. To avoid liability employers must demonstrate reasonable precautions and due diligence.
One method employers could use to protect themselves is by managing electronic mail, Internet browsing and archiving of emails so they can be in control of
what is allowed in and out of the organisation.
This is now possible to do without buying any hardware or software (i.e. as a service) and it’s inexpensive.
Data Retention
There is another obligation for employers associated with using today’s electronic resources – retention of electronic documents. Example: Privacy Act 1988 Section 4a – “An organisation must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.”
http://www.privacy.gov.au/publications/npps01.html
There are numerous government Acts which reinforce the message about maintaining access to electronic company information for a long period, including the Electronic Transactions Act, The Australian Taxation Act and the Industrial Relations Act – but there are many more.
In fact it can actually work against you if whilst involved in a legal matter it is perceived that you destroyed or didn’t demonstrate any duty of care for company data.
Today employers need to show they have taken ‘reasonable steps” to protect the information in their care.
This could involve strict policies regarding backing up data regularly, offsite storage, disaster recovery/business continuity planning and even the use of external services.
Some of the services that can assist an employer include the automatic archiving of all electronic mail and attachments, as today these are legitimate business documents.
Speak to your IT provider about what services they offer which can help you protect your business from exposure to compliance related technology threats.
Note: This document should not be viewed as legal advice. If you need to explore these topics further you should consult your legal advisors.


