Davidwyatt on Thursday, January 15, 2004 at 12:58 AM said:-
> 3: Employer has vicarious liability for activities of
> employees so has to have control.
Point of interest - Where the employer documents a denied liability
(assuming compliance with unfair consumer terms), do they still maintain
control and hence are allowed access. Or would that abrogation of
responsibility also deny access for that particular matter?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of davidwyatt
> Sent: Thursday, January 15, 2004 12:58 AM
> To: [log in to unmask]
> Subject: Re: Employee Emails
>
>
> Some bullet point observations which may assist analysis.
>
> 1: Information compiled in the employers time an on the
> employers equipment belongs to the employer.
>
> 2: Issues could arise if employer policies permits employees
> to use their time an equipment for personal use.
>
> 3: Employer has vicarious liability for activities of
> employees so has to have control.
>
> 4: Employer inestigatory processes ought to be consistantly
> applied e.g. the triggers for any investigation should be
> documented and applied to all employees regardless of level.
>
> 5: The DPA use is Staff administration
>
> 6: First Principle compliance re notice should be considered
> at either recruitment or when individuals are granted access
> to email tools. If no notice then processing is arguably unlawful.
>
> 7: Processing condition likely to be legitimate interests
> (Sch2 Item6) but to assess these the actual data items detail
> in context required..
>
> 8: Retention of email data should have a policy. It could be
> anything from a short designated period to the duration of
> the employer contract. Judgement has to be made but it should
> be consistent for all email users of the data controller employer.
>
> 9: Appropriate Security leads you to having controlled
> investigations. ie have you a designated and trained
> investigator who understands system weaknesses re integrity
> of email systems.
>
> 10: Im advised by in-house lawyer that Employment contracts
> are Consumer contracts. Therefore the Unfair Terms in
> Consumer Contracts Act would apply. This grants powers to the
> Information Commissioner to challenge any unfair contract
> terms, ie those which would be in Breach of DPA principles,
> which an employer may wish to impose on employees. Hence the
> need to be consistent in the manner data relating to
> employees are treated.
>
> Anyone disagree with any of the above ?
>
> David Wyatt
>
>
> ----- Original Message -----
> From: "Joanna Diamantopoulos" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, January 14, 2004 5:20 PM
> Subject: [data-protection] Employee Emails
>
>
> > There is probably a easy answer to this one. If an
> employer suspects
> > an employee has misused the email system by sending items
> off that are
> > directly against internet and email policy that has been
> signed off by
> > the employee, can the employer have access to the sent item box to
> > determine whether there has been misuse and the extent of
> that misuse
> > and then use
> it
> > as evidence in disciplinary procedures? What is the dp standing on
> > this?
> >
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