Is writing peotry gross misconduct then?
Martin
-----Original Message-----
From: Charles Oppenheim [mailto:[log in to unmask]]
Sent: 15 January 2004 09:03
To: [log in to unmask]
Subject: Re: Employee Emails
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David asked if anyone disagreed with any of his statements (below).
Statement 1 is inaccurate. Information created by an employee only belongs
to the employer if the information was created as part of the employees'
contracted duties. Thus, if I am paid to write software code and instead
spend my time at work writing poetry, in law the copyright in that poetry
belongs to me and NOT to the employer. The question of whether it was done
on work equipment and in work time is also irrelevant. Thus, copyright in
the software code I write as an employee on my home computer late at night
belongs to the employer, and not me.
.......of course, if I DID write poetry when I should be writing code, my
employer is entitled to sack me.
Charles
Professor Charles Oppenheim
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
01509-223065
(fax) 01509-223053
----- Original Message -----
From: "davidwyatt" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 15, 2004 12:58 AM
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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