My girlfriend A suspects her office is being searched for confidential information on a regular basis by a former colleague X who moved to a different department.
I am not going to act on this, so save yourselves from all the 'I am not a lawyer' phrases - this is purely to understand how people around the world would answer the following questions.
- I ask her A to chat with an accomplice B (B is also being unwelcomedly frequented by the same person X) using a WebRTC video chat service for which their company firewalls do not auto-issue a fake TLS certificate for MITM-ing.
- I join in on their chat room. They are both aware of and welcome my intentions.
I ask them to:
- leave their web browser chat windows open all day long and also 'forget' to close them when they leave the office
- hide their browser windows using a simple application
and remotely record all privacy violations by X in offices of A and B (again by complete consent of A and B) outside the company of X, A and B
- in video
- in audio.
Please state your country of workplace(s) and comment on which points listed above you think is within limits and also answer the below questions:
- What could be done with the recordings?
- If the recordings are not permissible as evidence, how else would you prove the wrongdoings by X?
- In the worst case, how strong a legal defense would it be for A and B to
- deny they were aware I was even there in the chat room with them or operated the WebRTC service
- claim they cannot be held responsible for a third party's actions
- claim they were not even aware their chats could be remotely recorded
- claim they were just chatting because it was fun and saved them from leaving their desks
with concrete references to relatable lawsuits, news articles, legal cases and own experience.
Please assume there is no-one in the company of X, A and B that would believe A and B over X! So contacting people in the same company is a losing bet.