In a message dated 24/12/2002 11:05:12 GMT Standard Time, [log in to unmask]
writes (extract from Guernsey Information Commissioner's view):
> These days it is common practice for business e-mails to circulate
> between 'personalised' addresses as modern protocol encourages the use of
> names rather than job titles. This does not make them personal data nor
> gives employees subject access rights unless the content is of a personal
> nature or related to personnel matters.
>
> In general, therefore, I do not consider that e-mail addresses used for
> business purposes are unequivocally related to an individual such as to
> constitute personal data.
-----------
If the Commissioner's intention is to align with the UK OIC, the statements
above may not help in this matter.
It was the view of Elizabeth France (and no contrary view has yet been issued
by the new IC) that e-mail addresses using a person's name were likely to
constitute personal data and in many cases the consent of the individual
would be required to (eg) put the address on a webpage. The legitimate
interests of the employer (Sch 2, 6(1)) could be met by having addresses such
as would not identify the individual, eg [log in to unmask],
[log in to unmask], etc.
Generally, a policy of using full names as e-mail addresses is a corporate
one and is not discussed with employees, including those who are being
stalked, those with violent (ex) partners and others who have a legitimate
need for their location(s) to be kept out of the public domain.
If e-mail addresses were departmental, or job-based, no-one could object to
them being monitored or intercepted or read in their absence (another thread
from before Christmas).
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
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|