Tag Archive | "data"

EMPLOYEE MONITORING

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EMPLOYEE MONITORING


Employee monitoring methods should be considered carefully

A recent decision by the Grand Chamber of the European Court of Human Rights has brought the question of employee monitoring to the forefront of employers’ minds once again. The Grand Chamber in Bărbulescu v Romania examined the ability of employers to monitor their employees’ work, email accounts and in particular, the extent to which employers can check whether employees are using email accounts for solely work-related purposes.

Mr Bărbulescu was dismissed by his employer for unauthorised personal use of the internet. The dismissal arose as a result of allegation that Bărbulescu had been using a Yahoo messenger account whilst at work. Following various decisions in Romania and in the European courts, the Grand Chamber of the ECHR determined that Bărbulescu’s private life and correspondence had been infringed.

It is worth noting that employers can be found to be vicariously liable for the actions of their employees in the course of their duties. This means that employers may find themselves liable for their employees’ actions if the employee causes damage or loss to a third party. Employers therefore often find that they have a heightened interest in understanding – and keeping tabs on – the activities of their employees.

EMAIL AND INTERNET USE
The Grand Chamber decision in Bărbulescu v Romania highlights the fine balance between an employee’s reasonable expectation of privacy and an employer’s right to check the activities of those working for them. It was not sufficient for the employer to simply inform the employee that there was an internet usage policy in place but instead, the Grand Chamber found the employee should also have been made aware of the extent and nature of the monitoring activities that the employer was putting in place.

In the UK, the monitoring of employees is heavily regulated by existing legislation, which places limitations on the
powers of employers to monitor their employees’ private communications, including the Data Protection Act 1998 (and soon to be the General Data Protection Regulation, which comes into force in May 2018). Employers must provide
legitimate reason to justify the monitoring of an employee’s communications. This requires some form of assessment to be in place in order to decide whether legitimate reasons are in place.

The importance of an assessment can also be found in the Information Commissioner’s Employment Practices Code in the UK. The Code recommends that employers carry out an impact assessment, taking into account factors such as the purpose behind the monitoring arrangement and any benefits or adverse effects that arise from this monitoring.

Ultimately, employers must be satisfied that they have achieved the correct balance between protecting workers’ privacy and the interests of the business. Carrying out an impact assessment in relation to communications monitoring is one way in which employers can demonstrate that they have achieved this. Employers should also ensure they have a communications monitoring policy in place and where possible, this should be backed up with specific training on the use of IT and email systems.

DRUG AND ALCOHOL MISUSE
Employers have a responsibility to look after the wellbeing, health and safety of employees whilst they are in the workplace, and this duty may extend to ensuring that employees are not misusing drugs or alcohol.

The extent to which employers will need to monitor their employees’ use of alcohol or indeed drugs, will depend on the particular environment in which the business is based. For instance, in some circumstances, it may be appropriate for employees to consume alcohol whilst entertaining clients. For other industries, however, employers will need to be much more cautious about their employees’ use of alcohol or drugs. Those whose staff use vehicles as part of their jobs, for instance, will need to maintain a higher level of vigilance in this respect.

Employers may want to consider whether it is necessary to carry out drug screening or alcohol testing. This will – of course – only be relevant in particular industries, however, for those where this is likely to be an issue, then employers should ensure that reference to screening or testing is included in a policy given to all staff.

Even with a drug screening or alcohol testing policy in place, employers will not be able to require staff to submit to testing without their specific consent to do so. One option is to draft the monitoring policy to say that withholding consent is a misconduct offence in itself.

TRACKING
Employers whose staff work ‘off-site’ – say when driving – may find it particularly difficult to know the exact movements of their employees during their working hours. Improvements in technology have, however, made employee accountability in the workplace much easier in recent years. Again, industries which rely on employees driving vehicles may find this kind of technology particularly useful. GPS, for instance, highlights if drivers are deviating from their planned routes or if there is traffic preventing them from reaching their destination.

If employers do intend to monitor vehicles they should ensure that they provide a policy which sets out the nature and extent of the monitoring. Employers should satisfy themselves that their employees are aware of the policy that is in place, what information is recorded and the purpose for that recording. Where the vehicle is used for both private and business use employers, should be particularly wary, as monitoring movements when the vehicle is being used privately will rarely (if ever) be justified.

CONCLUSION
Monitoring employees can take place in a variety of ways and employers should carefully consider which form of monitoring is necessary for their business, without being unnecessarily intrusive to the privacy of staff. Carrying out impact assessments are often a useful way of determining whether the monitoring is truly justifiable.

Case law such as Bărbulescu v Romania clearly demonstrates that the courts take the privacy of staff in the workplace very seriously. In order to reduce the risk of employee complaints, employers should try to be transparent and honest with employees about monitoring which they may be subject to.

Getting employee monitoring wrong can have a significant impact. Employers could face discrimination complaints or employees resigning and claiming constructive dismissal. Employees could argue that their rights under the Data Protection Act 1998 – or even the Human Rights Act 1998 – have been infringed. In addition to the cost and time associated with defending a claim, an employer could be found liable by a court, employment tribunal or the Information Commissioner’s Office, and ordered to pay compensation.

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THE ‘DISRUPTIVE FORCES’ OF THE NEAR FUTURE

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THE ‘DISRUPTIVE FORCES’ OF THE NEAR FUTURE


A senior figure at Delphi explains some of the change to vehicles and how this could affect the aftermarket.

Unless you’ve been living under one of Ned Ludd’s stocking frames for the last decade, you can’t have missed all the brough-ha- ha about the connected car. Trade bodies talk about the issues endlessly and the topics are often brought up in discussions in Europe.

However, the people that discuss the why’s and wherefores are rarely the people who are actually developing the systems. As a result, there are often crucial points that are misunderstood. To counter this, we had a conversation with David Paja, Senior Vice President and President, Electronics & Safety at Delphi, who states that there are are three obstacles (or ‘megatrends’ as he calls them) that need to be addressed before the sort of connectivity that VMs and governments are asking for can be achieved.

BIG DATA
The first huge problem is the sheer volume of data that is captured by next-generation vehicles’ sensors, cameras and radar. “If you think of a vehicle on the road today, the amount of data captured by the vehicle is in the order of several megabytes per second, but as we move towards fully autonomous vehicles, there could be many gigabytes per second that could be generated,” said Paja explaining that a gigabyte is equivalent to 1,024 megabytes.

“Not all of that data is usable, but when we think of the needs of moving it around the vehicle, the needs are first of all one gigabyte per second, moving up to ten gb per second”.

Paja explained that with that amount of data, the ‘current connectivity doesn’t scale’. “We will have to rethink all of the architecture” he said. The key in how to manage all of that information is ‘centralisation,’ – or in other words, upload it to the cloud. Not all of it will have any use or relevance, in fact Delphi says that only around five percent will be stored, although that is still going to be a heck of a lot of data.

This brings Paja to the next point: What to do with all of this info, and who would want it. The answer might surprise you, as the data thrown up by cars turns out to be extremely valuable to those who know what to do with it. “In the future, a lot of value is going to be put on the data,” he said. “A lot of analysts have attempted to size the value data services business. They talk about $750bn of potential value. We’ve been adding capabilities to extract the right data and move into a marketplace where it can be monetized. So we are in a good position to embrace this megatrend.”

There are lots of people who want the data – and not just staticians looking to build electronic road pricing models. All sorts of information that can be useful to marketing experts and insurance companies can be gleaned from the computers by those that know how to cut to the data required. To that end, suppliers are starting to do deals with software firms that offer ‘data solutions’: Delphi for example has acquired Dearborn-based data analytics firm, ControlTec. It has also started work with a ‘data broker’, a firm that buys raw data, structures it and offers it for sale.

Don’t think that all of this computing happens on remote cloud servers though. Indeed, your own vehicle will decide what info needs to go where, so some analytics must be done on board the vehicle. This requires a sharp rise in the size of the computers. “Traditionally a computing power increase tends to follow Moore’s Law, where the capacity doubles over time, but when you think about the computing power increase needed here, it is not a linear curve, but exponential,” explains Paja. “Today, a vehicle can have up to 50 ECUs and modules. With the connected car you could double that… well, that isn’t scalable, there isn’t room on the car for a start. It isn’t practical and would be too expensive so there has to be a significant consolidation.”

The plan from Delphi, and no doubt from other ECU suppliers is to reduce the number of ECUs, including the various body control modules from the current 50 to just three large computers. “Our view is that there only needs to be three, and this will enable savings in mass production,” he said, adding that consolidating the computers and redesigning the network bus accordingly will make affordable, true self- driving cars closer to becoming a real possibility.

SERVICE

So where does this brave new world of scaled data leave the aftermarket? Asked how the aftermarket will connect to the cars, he replied, “That’s a good question, and one I’m not sure I have the answer.” Pressed further, it seems that the OBD port will only be left on the car for as long as legislation actually requires it to be there, because diagnostics data can be streamed wirelessly. This goes back to the question of ‘access to data’. The dealership will be able to communicate with the car, potentially from anywhere as it is connected to the cloud, through a channel, but the connection obviously needs to be encrypted to keep out hackers and would-be car thieves. The problem for us in the aftermarket is to identify who has the ‘right’ to also have access to these secure channels and how this right is enshrined in European law.

However, if you can get on the network then the good news is that electronic fault- finding should be a bit easier, thanks to the huge reduction in the number of controllers and associated wiring, although Paja explains that monitoring live data comes with a caveat: “It certainly does (offer diagnostic advances) across multiple controllers but the amount of incoming data by orders of magnitude… Discriminating data becomes very important when you have such a large amount of it.” The network itself will be different to the CAN that garages have become used to. Some data (firing the injectors, triggering the airbags etc) obviously has priority over other functions, but the wiring won’t be as crude as simply having high – and low – speed network wiring.

MAJOR CHANGE
Whatever happens to vehicle’s wiring looms over the next few years, one thing is clear: It certainly won’t be business as usual, for either the VMs, supply chain OEMs like Delphi, or us in the aftermarket. “I don’t think there has been a situation in automotive history where there have been so many ‘disruptive forces’ happening at the same time,” said Paja. “Electrification will be a disruptive force and autonomy as well as data connectivity. The three things are happening at the same time. There are opportunities as it is pushing companies to adapt and adapt very fast.”

Let’s hope we all manage to adapt, before it’s too late.

DEBATE OVER ACCESS TO DATA
Who will, and who won’t have access to data on the next generation of vehicles is a topic that has been kicked around by the aftermarket and by people speaking on behalf of the VMs for ages, and now the discussion has reached the Commons. Transport Minister Lord Callanan said, “Risks of people hacking into the technology might be low, but we must make sure the public is protected. Whether we’re turning vehicles into wi-fi connected hotspots or equipping them with millions of lines of code to become fully automated, it is important that they are protected against cyber- attacks. That’s why it’s essential all parties involved in the manufacturing and supply chain are provided with a consistent set of guidelines that support this global industry.”

The IMI’s Steve Nash asks who actually has access to this info, which largely falls outside the scope of the new GDPR data protection act, as it relates to the vehicle and not the individual. “With the sector currently unregulated and no national standards in place, it’s not always possible to track the people who may have access to our personal information,” Nash said. “We are working hard to get government to address this area as well as the creation of systems at the manufacturing stage, so that motorists have confidence that they are not at risk.”

Mike Hawes, Society of Motor Manufacturers and Traders Chief Exec commented: “A consistent set of guidelines is an important step towards ensuring the UK can be among the first – and safest – of international markets to grasp the benefits of this exciting new technology.”

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SOLVING DIAGNOSTIC AND REPAIR CHALLENGES WITH ALLDATA REPAIR


PROMOTION ARTICLE ON BEHALF OF ALLDATA

Independent garages are increasingly facing the same challenges; lack of complete and accurate service and repair information, complex automotive technology, cost and time to get information from the manufacturer, acquiring and paying for technical skills, competing with authorised dealerships, and low revenue and profits.

ALLDATA Repair meets automotive business needs

More than 300,000 technicians worldwide use ALLDATA Repair on a daily basis. As the only source of original OE diagnostic repair information, ALLDATA Repair provides garages with access to the most comprehensive and in-depth level of repair information saving time and money, and improving profitability.

ALLDATA Repair is a single-source of OE licensed information containing 22 vehicle brands and more than 23 million articles, wiring diagrams, and dynamic service intervals. With an easy-to-use common navigation structure and search function, technicians can quickly find trouble codes or search for any vehicle part or diagnostic test chart. By using ALLDATA Repair,garages and their technicians can fix vehicles faster, increase productivity, meet manufacturer quality repair standards, and improve customer service.

Getting results

A garage recently spent six hours to strip a vehicle and trace wires to an anti-theft system fault.After contacting ALLDATA, the solution was identified in 10 minutes, and the repair was completed in less than two hours. ALLDATA has 30 years’ experience in helping the automotive aftermarket complete heavy diagnostic work required to stay competitive, improve customer satisfaction, and increase revenue.

With over 85,000 customers worldwide, ALLDATA understands the independent workshops’ needs, and provides solutions to everyday automotive business challenges.

To learn more or to request a free trial, visit us at www.alldataeurope.com/CAT, or call 01216982068

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RMI HAILS SECURITY INFO SCHEME

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RMI HAILS SECURITY INFO SCHEME


The Independent Garage Association (IGA) has hailed the new SERMI (Security related Repair and Maintenance Information) scheme as a ‘significant step towards having a level playing field for accessing security manufacturer information;’ calling it a ‘victory’ for its membership.

The SERMI scheme means that independent garages are another step closer towards accessing Manufacturer Security Information. It has been set up to develop, operate and maintain a process which forms a part of the ISO standard for repair information. The scheme sets out the rules and requirements for independent operators who can demonstrate the necessary integrity to be granted access to security related info.

RMI Standards and Certification says it is positioned to be the first organisation in Europe to accredit against this standard, which will keep the UK independent sector competitive and ensure that consumers and fleet operators do not have to make any compromises when choosing an independent garage for service and repair.

Stuart James, IGA Director, who has long been fighting for the rights of independent garages to access manufacturer technical information, called SERMI a huge step forward for the IGA and its members. “The ability to access manufacturer security information takes us ever closer to the ‘level playing field’ promised by EU legislation, and I am delighted that there has been a giant leap towards achieving it,” he said.

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