2002-06-26 CC Packet - Laserfiche WebLink

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""-' ," . LMC LMCIT Risk Management Information ~ o{Minow.o/4 em.. Cities promoting ~Cll 145 University AVem1e West, St. Paul, MN 55103-2044 Phone: (651) 281.1200 . (800) 925-1122 Fax, (651) 281-1298 . roD (651) 281-1290 www.1Illcit.lmnc.org TECHNOLOGY AND THE INTERNET: LIABILITY ISSUES FOR CITIES Introduction Cities may face new areas ofliability as a result of the increasing use of technology and the Internet in the workplace. Legal precedents in these areas are still evolving. However, there are several issues cities should consider. Cities can address these issues and reduce the risk of liability by adopting a policy relating to employee use of technology and the Internet. If a policy is adopted, it should be distributed to employees. Employees should sign and return a form acknowledging receipt of the policy (sample in Appendix). The following material highlights some of the liability issues that cities should consider and contains suggestions for statements that cities may want to include in a policy for employee use of technology and the Internet. The Appendix contains several sample forms and policies that may contain provisions that could serve as models in drafting a policy for your city. This material is not intended to provide legal advice. You should have your city attorney review any proposed policy before final council action to make sure that it fits the needs of your city and complies with current statutes, regulations and court decisions. A. Employer monitoring There are several reasons why employers may want to monitor employee use of technology and the Internet. For example, employers may be concerned about employee productivity or the liability that might result from improper use of these tools. Advancements in technology have provided employers with the capability to monitor employee use of technology and the Internet. For example, Internet access programs permit network operators to track the Internet sites visited by employees, the amount of time spent at each site and whether images and documents were printed or downloaded. A city that is considering whether to monitor its employees should be aware of the possible liability associated with this activity. There are three possible claims that employees could make against a city that monitors employee use of technology and the Internet. I. Unreasonable search under the 41h Amendment City employees may be able to claim protection for their e-mail communications, computer files and use of the Internet under the 4th Amendment to the United States Constitution. If city employees can show that they have a reasonable expectation of privacy in these areas, they may be able to successfully argne that employer monitoring in certain circumstances is an unreasonable search.