FOR INFO:
I read in "People Management" (19/4/01) that CIPD has branded the Code "seriously deficient, complex & impractical" and has given a nine page response. David Smith, Asst IC said "the draft code would be reworded in places in light of comments from employer reps" The OIC is apparently planning a conference on Internet & E-mail monitoring" in June (No details & nothing on OIC site) It also says that the code is likely to be published before the end of the year. (I also notice in IT Week 23/4/01 P47 under "Vague Rules on snooping hit business" also mentions that the code saying "the OIC has pushed back the code's publication date to the end of the year")
Peter
>>> Andrew Charlesworth <[log in to unmask]> 04/20/01 06:59pm >>>
Ian,
I would be very interested as to the source of your information on the LBP
regulations. As far as I am aware, Statutory Instrument 2000 No. 2699 -
The Telecommunications (Lawful Business Practice) (Interception of
Communications) Regulations 2000 came into force on 24 October 2000 - see
http://www.hmso.gov.uk/si/si2000/20002699.htm
I know of no reason why they would have been delayed as a result of the
IC's draft code of practice on employer/employee relations - the SI is
clear about when it comes into force. It is true that the IC's draft code
of practice will also have an effect procedures for the interception of
telecommunications and Internet communications, but I have seen no
indication that it has delayed coming into force of these Regs in any
material particular.
Andrew
Andrew Charlesworth
Director, Information Law and Technology Unit
University of Hull Law School
Hull, HU6 7RX, UK.
Tel UK: (1482) 466387
E-mail UK: [log in to unmask]
At 05:26 AM 4/20/2001 -0400, you wrote:
><< The message re communications seems clear - interception, monitoring and
> recording is lawful only if it satisfies various conditions, one of the most
> important being to let people know that this is part of your normal business
> practice. >>
>-----------------------------
>The LBP regulations, which will allow certain intercetions of e-mails, etc,
>for certain lawful business practice reasons, are not yet in force. They
>have been delayed by the deliberations over the code of practice to be issued
>by the Information Commissioner.
>
>Until the Regs are in force, it is likely that all interceptions of
>employee's e-mails are unlawful under RIPA unless they are approved by the
>relevant authorities.
>
>Ian Buckland
>MD
>Keep IT Legal Ltd
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