Landing on job search sites is monitored by the company? I am convinced that the official website of the service has not been able to retrieve the "behavior perception system BA" product

Per reporter: Wang Jing Per editor: Wei Guanhong

Recently, a system background picture circulating on the Internet shows that in the behavior perception system, the company can view the details of employees with a tendency to leave, an employee visits the job search website 23 times, submits a resume 9 times, and has 254 chat records containing keywords. This system, which can monitor employees' tendency to leave, immediately attracted widespread attention and controversy.

It is reported that the company that can provide the behavior perception system may be convinced of the service technology Co., Ltd. (hereinafter referred to as the service). It is a product and service provider focusing on enterprise-level network security, cloud computing and IT infrastructure, basic network and Internet of Things, with three major business brands: Convinced Service Security, Convinced Cloud and Convinced Service New IT. According to the company's official website, at present, more than 100,000 enterprise-level users are using the products of Xinfu.

When reviewing the information, the Daily Economic News reporter noticed that the relevant behavior perception system that caused the controversy could not retrieve the product on the official website of The Company. According to a document entitled "Conviction Service Behavior Perception System (Government Enterprises) - Internal Training" circulated on the Internet, the system of DeepLy believed service can solve many business problems of enterprises, including but not limited to leak tracking analysis, work efficiency analysis, and separation tendency analysis.

A behavior-aware system monitors a range of employee behaviors

According to public information, the Behavior Awareness System (BEHAVIOR Awareness System) is based on the massive Internet logs managed by The Service, which conducts in-depth modeling and analysis of user behavior characteristics, continuously launches behavioral perception applications in different scenarios, continuously mines the value of data, helps organizations understand behavioral risks, and simplifies operation and maintenance management.

Among them, in the analysis of the tendency to leave, The company said that the company's system can intervene in advance to solve the risk of leakage and job vacancy caused by the departure of employees. Business managers can view the number of employees with the tendency to leave, name and position through the background, and even provide the top 5 employees with the tendency to leave. The principle of implementation lies in analyzing the frequency and frequency of employees' visits to job search websites, and analyzing the actions of employees to submit resumes on job search websites.

In addition, the productivity analysis of the service product can also help managers to view the work of employees in detail. In fact, managers can view the employees' online records through the background, and intuitively understand what different employees do at what time period from the data, such as: chatting, watching videos, shopping, stock trading, etc., as well as the length of time of sabotage.

The company's application value of the system is summarized as follows: "To provide the personnel department with the basis for performance appraisal; to help network administrators adjust the employees' Internet access strategy; and to help enterprises improve the overall personnel efficiency and create more value for enterprises." ”

It is worth noting that the relevant products that have aroused the discussion of the service are not released recently, but have long been put on the market and purchased by many companies. In the 2021 semi-annual report, XinxinFun said that its network-wide behavior management products continued to maintain the first domestic market share in the security content management category for 12 consecutive years from 2009 to 2020, and continued to rank first in the domestic market share in the first quarter of 2021.

Subsequently, when the reporter searched for the behavior perception system on the official website of The Trust, he noticed that the relevant products and solutions did not display the products, and the industry solution only had the smart campus student Online behavior analysis solution.

The reporter can search for "behavior perception system BA" through Baidu and can enter the official website of The Trust. But when you click in, the page reads "404".

For the reasons for the inability to retrieve the behavior perception system, the reporter called Jiang Wenguang, secretary of the board of directors of the company, on the morning of February 13, who said that he did not pay attention to (could not retrieve) this matter, but the behavior perception system BA is not recently listed, work efficiency analysis, departure tendency analysis are a function of the product, the company does not monitor whose data, this is the customer's own behavior. Jiang Wenguang stressed that the recent hotly discussed analysis of the tendency to leave is convinced that a small function in the service product, the focus of the behavior perception system is the leakage tracking analysis, to help government and enterprise users manage some internal threats. Moreover, this system only monitors office computers and the company's internal network, and does not monitor the behavior of employees on the Internet.

In Jiang Wenguang's view, it is more reasonable for employees to use the company's computers and networks to do some resumes or violations (watching videos, chatting, etc.), and it is more reasonable for enterprises to manage them. "If employees use their own computers or networks at home, they can be avoided."

Jiang Wenguang is also uncertain whether the system of monitoring employees' tendency to leave, which has been hotly discussed on the Internet in recent days, is provided by Xinxinfu. But he believes that "objectively speaking, we can understand that it is a 'knife seller' and that there is a license, and who bought the knife and what to do with it, we can't intervene." ”

Is it an invasion of employee privacy?

For the products of The Service, someone left a message on the social platform saying, "The Service is a company that specializes in helping companies monitor the behavior of employees." At the same time, some people questioned the practices of the relevant companies as allegedly violating the privacy of employees.

Zhao Zhanzhang, deputy director of Beijing Yunjia Law Firm, told the "Daily Economic News" reporter that whether it is suspected of infringing on the personal privacy of employees lies in whether the company has clearly informed employees and obtained their consent before installing this system and supervising employee behavior, if without employees' consent, this behavior is suspected of infringing on employees' personal information and privacy rights.

However, Zhao pointed out that "the specific infringer is an employer who uses this system to monitor the behavior of employees, and the enterprise that develops this system does not necessarily constitute infringement." This kind of software is like a surveillance camera, in fact, it is still a neutral tool, whether it constitutes infringement mainly depends on the behavior of the software user. ”

Also holding the same opinion is Liu Kai, a lawyer at Beijing Zhongwen (Changsha) Law Firm. In his view, "whether monitoring through the system is infringing or not, mainly depends on the necessity of monitoring the content and whether the employee's right to informed consent to be monitored is guaranteed." ”

"In the modern workplace, employers monitor the working status of employees by installing monitoring systems on computers, which helps to protect important data assets and improve business operation efficiency, but employees' personal privacy and data security in the workplace also face a huge threat."

Liu Kai further analyzed that "with the enhancement of workers' personality awareness, as well as the introduction of laws such as the Civil Code and the Personal Information Protection Law, judicial institutions are increasingly inclined to restrict the right of employers to collect personal information of employees. Therefore, employers should follow the principles of legality, propriety and necessity when collecting and processing employees' personal information for the purpose of labor management, avoid excessive collection of employee information, and take strict protective measures. ”

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