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trendz - our client newsletter
august 2004
setting the boundaries for appropriate computing equipment usage
Barbara Buckett & Associates would like to draw your attention to the importance of a well-written computing equipment usage policy. Let us give you some tips on what your policy should include:
Make sure that your policy and guidelines clearly define what your organisation deems acceptable use of computing equipment and Intellectual Property. Your code of conduct should also refer to these issues and perhaps give examples of what you consider to be misconduct or serious misconduct.
Say what you mean - It is essential to properly define the terms used in your policy. To use the word "pornographic" without explanation of how your organisation defines this term is insufficient. If you use a word that is open to interpretation – Say what the word means!
We suggest your policy clearly defines these key terms:
"Offensive" or "Objectionable material" – for the definition of such terms we suggest you stick closely to the Films Videos and Publications Classifications Act 1993. Under the Act, material is objectionable if it describes, depicts, expresses or otherwise deals with matters such as sex, horror, crime, cruelty, or violence.
Material shall be deemed objectionable if it promotes or supports or tends to promote or support –
a The exploitation of children, or young persons or both for sexual purposes; or
b The use of violence or coercion to compel any person to participate in, or submit to, sexual conduct; or
c Degrading or dehumanising sexual conduct; or
d Acts of torture or the infliction of extreme violence or extreme cruelty.
(For a full explanation of the meaning of "objectionable" under the Films, Videos, and Publications Classification Act 1993 go to www.legislation.govt.nz)
"Illegal" – Illegal means in terms of software licensing or contrary to New Zealand Law.
"Staff" – Staff means any contract, permanent or temporary staff or consultants employed by your company.
- Remember that "acceptable usage" may also include limits on how much time (if any) you consider acceptable to spend on personal use of the internet.
- Stipulate that an audit of internet use may be conducted at any time.
- Encourage your employees to use the internet responsibly. Whenever accessing the internet, users should consider the nature of the material they are viewing and be conscious of not allowing any personal use of the internet to adversely impact on their productivity.
- Your policy should also refer to the unlawful downloading of material. Visiting unsafe websites such as hotmail accounts should be discouraged - you don't want to put your sensitive information and records at risk.
- It is a good idea to list what information an employee may/may not access on common drives etc. You should ensure that any sensitive information kept in common locations is appropriately password protected.
- Remember – You should treat the unlawful removal of intellectual property as you would any other theft. Make sure your policy clearly defines who owns the intellectual property.
- Finally – Issue a copy of your IT/IP policy and guidelines for appropriate usage and have your staff sign a form that states they have read the organisation's policy and guidelines and they agree to abide by them. Make sure that a copy is filed on the employee's personnel file and that the original is kept by the appropriate manager.
It is up to you how strict you want your policy to be. However, by taking the time to construct a well-written policy now, you are actively taking preventative measures to safeguard your organisation's reputation and intellectual property in the future.
If you would like to discuss any issues raised in this update or would like further advice on the formulation of an appropriate computer usage policy/Intellectual property policy, please contact us at Barbara Buckett and Associates or visit our discussion group.
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Disclaimer: This article is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication. Please refer to our Legal Notices.
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