"Science and Technology Innovation Board Daily" (Shanghai, reporter Huang Xinyi Zhang Yangyang) news, some netizens broke the news on the social platform that because they submitted resumes to recruitment websites during working hours, they were laid off after leadership interviews, and the company used a deep belief service system to analyze the tendency of employees to leave.
Screenshots of netizens breaking news
Image according to Weibo
According to the official website of The Service, the system is called "Behavior Perception System BA", which can help enterprises monitor employee sabotage and the risk of leaving. Specifically, you can provide details of employees with the tendency to leave, including the employee's name, position, IP and other details; the number of times employees visit job search websites, chat keywords, and resume deliveries can be seen at a glance through the system.
###图据深信服官网
The company's official website also has a successful case study of the monitoring system's cooperation with Everbright Bank Shenzhen Branch, Sina and East China Normal University.
At present, after the fermentation of the event, the page of the product introduction has been deleted.
Convinced that the service has applied for the relevant patents
According to the introduction of the "behavior perception system" obtained by the reporter of the "Science and Technology Innovation Board Daily", the implementation principle of the system is to judge the risk of employees leaving by analyzing the frequency and frequency of employees visiting job search websites and analyzing the actions of employees to submit resumes on job search networks.
A salesperson confirmed that the company's service helps companies "identify employees with a tendency to leave" and can "record employees' online behavior." ”
But the sale specifically emphasized, "This is very legal, and a lot of companies are using it." ”
The reporter of the "Science and Technology Innovation Board Daily" noted that the confidence given to the "legitimate sale" system of the company was that the company applied for a patent for the "behavior perception system" in March 2018, and the patent passed the examination and took effect in September of the same year.
In addition, according to Red Star News, the system is monitored and recorded through the company's intranet, not including personal networks. At present, the system market quotation is more than 100,000 yuan, and it is ultimately determined by the bandwidth of the company and the number of terminals that need to be controlled.
In the "successful cases" disclosed on the company's official website, the system can fully monitor and record the identity authentication system for bank employees to access the intranet through the Everbright Bank Network Security Gateway SG, and can fully monitor and record the URL address, web page title, web page content, etc. accessed by employees; in cooperation with Sina, the system has realized unified authentication of branch employee identity, bandwidth traffic control, business-related behavior blocking, and Internet behavior compliance records; in the education department, The system can play the function of addiction network analysis and campus online loan analysis.
"This kind of system has been around for a long time"
An IT industry insider said that such systems existed more than 10 years ago, and were originally used for traffic protection to prevent employees from chasing dramas or downloading videos during office hours, affecting normal office. Later, it was used to protect confidential company documents from being sent out, and now there is an increase in the audit of employees' tendency to leave. In short, it will not be monitored without the use of the company's computers and networks.
"This kind of system has long existed, just an audit gateway and a set of log management." The network administrator of a FMCG enterprise also told the "Science and Technology Innovation Board Daily" reporter.
During the reporter's investigation, it was learned that in addition to the deep service, many domestic security software companies have developed similar behavior perception systems. The reporter of "Science and Technology Innovation Board Daily" inquired about the official website of another domestic security manufacturer, Qianxin, and found that it also launched a risk perception program for online behavior.
According to the official website of Qianxin, there are usually some violations of the Internet by employees, such as violations of company management regulations, use of non-work-related applications during working hours, frequent visits to job search websites (non-recruiters), use of illegal applications, etc. Managers need compliance data in order to take targeted and necessary measures to improve employee work efficiency and regulate network use behavior.
Qianxin pointed out that the program can achieve a complete perception of online behavior, including work efficiency, exit analysis, anti-leakage risk analysis, etc., to provide managers with a complete behavior compliance assessment report.
A number of enterprise employees told the "Science and Technology Innovation Board Daily" that many large enterprises will install similar traffic analysis and monitoring tools on the computers equipped with the company, which can understand the Internet traffic of employees and the use of software. For example, when an employee is found to be using pirated software, they will ask to remove it. Some companies even make company-wide reports on employees' visits to non-work websites.
Previously, an internal document of Gome's "Notice on Penalties for Violating employee codes of conduct" was on the hot search of social platforms. According to the circular, according to the relevant regulations, Gome employees are prohibited from engaging in unrelated work in the office area, such as playing computer games, chatting online, and listening to music. The penalty letter contains the employee's department, name, and even non-work traffic in the background.
Lawyer: If the employee is not aware, it is suspected of violating the law
The incident was exposed and fermented, triggering a strong controversy on social platforms.
Some netizens pointed out that the company that sells the system is "snooping on the privacy of others and selling it, without any business ethics!" However, the sales staff of The Service of Faith service argued that the product of the service only provides the ability to analyze the enterprise user, and the user decides to grasp the data at his own discretion, "The service does not own the data." ”
Many netizens asked companies that buy and adopt such systems, "Who gives the power to monitor the privacy of others?" Isn't it illegal? There is also a screen name "user 5ohx9b3" sent out a soul torture question: "Is it going to jail or going to work?" Monitored all the time?! ”
Some netizens also believe that the monitoring of employees' work behavior by enterprises is also reasonable to a certain extent. "Don't say anything about violating personal privacy, employees who do things that are not related to work during working hours should be treated as absenteeism." If you don't work during working hours and use the company network to do your own private things, it is equivalent to infringing on the interests of the company. ”
However, many netizens said that it is understandable for enterprises to monitor employee traffic websites and times, but private content involving chat content, keywords, resume delivery and so on is an invasion of personal privacy.
So, is the behavior of such enterprises in monitoring employees' online behavior suspected of violating laws and regulations such as the Personal Information Protection Law?
Lawyer Xiong Dingzhong, the chief partner of Beijing Qinglu Law Firm, believes that it depends on what network the employee uses, whether the work network is clearly informed that it cannot be used for private use, and whether the notification situation to the employee is clear enough.
Shi Yuhang, a lawyer at Huiye Law Firm, said that according to the Personal Information Protection Law, enterprises need to inform employees of the purpose, method, type, duration, etc. of processing personal information (Article 17), and obtain the consent of individual employees or are necessary based on human resource management (Article 13). However, judging separation is difficult to be recognized as necessary for human resource management.
Shi Yuhang stressed that the monitoring of traffic by enterprises should first inform employees, and secondly, obtain employees' consent. If the enterprise fails to do so, it will constitute an illegal processing of personal information and is suspected of violating the personal privacy rights of employees.