A rather belated contribution to this thread:
The notes I have been drawing up on retention periods for personnel records
include a quote "Information regarding alleged misconduct that found to be
false must be destroyed upon exoneration unless legal action is anticipated,
or the employee requests the information remains on file". This, however,
presupposes the employee knows that the investigation is taking place. I
think the advice quoted is from the Chartered Institute of Personnel and
Development. However, at the moment their fact sheet on the Retention of
personnel records is being updated. See
http://www.cipd.co.uk/Infosource/IndexofInfosourceDocuments.asp
rgds
Fiona
Fiona Maccoll
Records Manager
Rio Tinto plc
Telephone 020 7930 2123 Fax 020 7753 2211
Registered Office 6 St James's Square, London, SW1Y 4LD. Registered In
England No. 719885
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-----Original Message-----
From: Su Goulding [mailto:[log in to unmask]]
Sent: 09 November 2001 17:18
To: [log in to unmask]
Subject: E-mail monitoring & records of investigation
Hypothetical (but possible) scenario - An employee, in a firm with published
policies on acceptable use of e-mail, is suspected of breaching the policy.
Let's say they are suspected of distributing unsuitable material. A covert
investigation is launched in line with agreed procedures, appropriately
authorised by management, for a specified purpose and a pre-determined
length of time. Facts are gathered, with the result that the employee is
exonerated.
- Should the employee be made aware of the investigation and at what stage -
before/after/during?
- Should a record of the investigation be retained on the Personnel file if
the employee is exonerated?
- Does it then form part of the disclosable file?
- Can any retention of the data be justified and what might be a reasonable
retention period?
There are a number of possible pitfalls throughout. Not least is the damage
to the employer/employee relationship and any potential claim for
damage/distress as a result (what if the employee thought - rightly or
wrongly - that they had been denied promotion as a result of the
investigation?). However, the employer might find the data beneficial if
the employee was later found to be breaching policy in the same way on a
different occasion.
The fundamental issue might lie with the wording of the policy/procedures
and sweeping assumptions that these are entirely legal and reasonable have
been made throughout.
No views advocated, no agenda represented.
Have a good weekend, all.
Su Goulding
Data Protection Analyst
tel: 020 7330 3491
mobile: 07767 674376
[log in to unmask]
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