Legal issues

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1. Many primary and secondary education schools do not have filters installed that prevent children being unwittingly confronted with porn, gambling or any other form of threatening websites. Can the school management be held accountable for this?

   The school management must ensure a sound setting and secure environment for children. Filtering internet access is in principle included in this. The children's privacy must however be taken into account. Filtering internet access or tracking children is only permissible if this is clearly stated in a regulation. This regulation must be approved by the participation council (PC), in accordance with the School Participation Act. With this a differentiation between anonymous and individual filtering applies. Individual filtering (or monitoring) is only permissible with the consent of the PC. Anonymous blocking or filtering of sites - where the child is not recognised - is always permissible, but stating that you are doing so is always a good idea.

2. If pupils chat, use social media, or play violent games on school computers, and as such demonstrate threatening, bullying or any other form of prohibited behaviour, can the school management be held accountable for this?  
    
3. If an employee commits a computer offence during working hours, using company resources, who is then legally responsible?  
    
4. Supposing someone watches or downloads porn during working hours, using company resources, is instant dismissal justifiable?
    
5. The housekeeping rules were added to the contract of employment between the employee and employer as a separate document, which includes a section on computer and internet use during working hours. Is this enough?  
    
6. In the meantime a number of changes on computer and internet use during working hours have been implemented, with the latest change pinned to the noticeboard in the canteen. Is this enough? 
    
7. Our organisation does not have filtering installed to block threatening websites (i.e. porn, gambling, webmail, etc.). It appears though that employees still end up on these websites, be it deliberately or not.  If this proves to be damaging , who is liable? 
    
8. An unsecured company laptop is used at home to visit threatening websites (sex, gambling, etc.) and to download illegal software. If this proves to be damaging, who is liable? 
    
9. Personal smart phones, iPads etc. that can communicate over the internet are used during working hours. Can we forbid this? 
    
10. How do we monitor or filter internet use within the legal framework?

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