In a message dated 19/08/2003 14:39:18 GMT Daylight Time,
[log in to unmask] writes:


> I have an email box with my employer -- is my email box private ??
> are my emails private ??  If I was on holiday and my manager wanted access
> to my emails for an urgent business need can he look in my in box ? and the
> same questions apply for the H drive.

-----
Apologies for the lengthy reply but this article is relevant, despite being a
French case, because of the reference to the Human Rights convention:

from e-law.com

"A decision taken by the Cour de Cassation, Chambre Sociale, the highest
court in France stated that where an employer had in place a company policy on
personal e-mail, the employee nevertheless had a right to privacy during working
hours and in the workplace.  In the case the employee was an engineer at Nikon
France. The employee had used e-mail whilst at work to send personal e-mails
and had kept these in a separate folder entitled 'personal'. The employer's
policy stated that non-professional use of the IT system was forbidden. The
employee was dismissed and took his claim for unfair dismissal.

The French court held, 'The employer cannot without violating this employee's
fundamental right, gain knowledge of the content of personal messages
originating from the employee and received by him/her using IT means at his/her
disposal in the workplace. The prior warning from the employer regarding the
exclusive professional use of IT equipment does not preclude employees from this
right'. The right to privacy in the workplace as under Article 8 has already been
recognised by the European Court of Human Rights in the Niemietz case.  The
French court reinstated their findings by saying 'the identity of the employee,
who is not simply at work being must be respected. The workplace cannot be a
place where arbitrary and discretionary powers can be exercised without
limits, a place for spying where fundamental rights can be violated'.

Although the European Convention on Human Rights in the UK is only applicable
to public authorities or businesses carrying out functions of a public
nature, private businesses may be called to account before the courts if they fail
to follow the terms of Article 8."

Ian B

Ian Buckland
Managing Director
Keep IT Legal Ltd

Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor.  If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:

55 Curbar Curve
Inkersall, Chesterfield
Derbyshire  S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk

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