The patchwork of national laws and national interpretations of EU regulations is quite interesting, and rather confusing especially if you do offensive security work or DFIR.
As an example, when doing consultancy we would do the usual phishing as part of an assessment. Usually this is followed by dumping the users mailboxes to look for further credentials/access to corporate resources (eg: are they emailing passwords around?) - but in some countries such as Germany that’s often explicitly ruled out due to fear of breaching privacy regulations.
Not really, ECHR has already ruled on this.
It's pretty much only allowed if there's an important reason for it. For example, to recover something invaluable (contract, code, report) that isn't available somewhere else and cannot be replaced. In that case that's also the only thing that them employer can look for. They can't open obviously unrelated e-mails. So before talking to legal, make sure you have a valid reason.
That is valid for Germany.
However, if a company does find an unrelated e-mail they want to use against you (which is what most people fear), that makes them liable.
Second, what you said is just plain wrong in at least one. In France (which is known for strict worker protections) the employer can go through any employee's mailbox or files on their work computer/account provided 1. that the messages/files in question aren't clearly marked as personal 2. that the conditions for the access are laid down in advance with proper notice. When an employee is let go, they need to be given time to empty their mailboxes etc of private correspondence or files. https://www.cnil.fr/fr/lacces-la-messagerie-dun-salarie-en-s...
You might be right that it’s not illegal, but it would be nice to have those kinds of protections. Trying to talk to anyone at work in the WFH era is a field of landmines, because you never know at any given time whether what you say will make it back to the person you’re discussing. Discussions like that are a normal and healthy part of socializing with coworkers, and it happens at every company. Except in the WFH era everything you’ve typed is a permanent record, whereas previously you’d be able to say something to a coworker without worrying that someone else will someday hear it.
But, it’s a new era. It’s easy to adjust. Just don’t get personal at work. It sucks, but work is designed to suck, or else it wouldn’t be work.
Anyone thought otherwise?
Private != personal. At least I never ever imagined one could even assume DMs on work IM are personal private conversations. They're organizationally grouped as chat between to accounts, as opposed to group chat, but they're at work, for work, using work-provided tools...
Or put another way: why would anyone consider work Slack to be different in this regard than company e-mail? Much like with e-mails, the difference between DMs and group chats is whether the number of participants is > 2.
You’re right of course. I just wish we had something to fill the void that was left by in-person interactions vanishing. I think I’ll be doing WFH pretty much the rest of my life, and I absolutely hate going into an office in general, but there are definitely some aspects I miss. Being able to chat off the record with a coworker is one of them.
Unless all calls are transcribed and recorded, it’s pretty “watercoolerish”.
First of all, they'll tell you that even the most junior helpdesk workers can remote onto your machine, reset your password, disable your 2FA, and monitor all your web browsing and chat history.
Second of all, that this unannounced product, this not-yet-filed patent, this big planned layoff, this prospective hire background check result, these upcoming financial results, this employee's reason for needing medical leave, this pentest result document, and this forthcoming change to pricing are Strictly Confidential. You shouldn't discuss them even with your own boss, unless you've first confirmed they're on the need-to-know list, and that certainly doesn't include level 1 helpdesk workers.
Most large companies, to address this contradiction, will say access is possible but rarely used, tightly controlled and carefully audited.
1) people think that anything sent on an employer system isn’t visible to the employer
2) people send private DMs from work accounts
Senior leaders tend to skirt this by using the telephone or video calls predominantly. However the infiltration of machine learning and AI means transcripts of calls, etc are now possible too.
In addition, the growing use of "disappearing" messages despite litigation holds has come up in more legal cases recently.
> However, since France is in E.U. what you describe should be illegal.
What's the regulation or directive you're talking about?
Correct, but it does have a single ECHR. Even though some countries still ignore them.