Simon Macaulay on 23 June 2005 at 16:27 said:-
> Ian are you the sites official Devil's advocate?
Not really, others seem to fulfil that role.
I do try to put forward different viewpoints though.
My interest is 'privacy' hence the angle taken.
> So a right to privacy within employment exists. is this a statement or
> rhetorical question? I would have thought..yes if it's aqvestion
Thank you for providing that view.
> Would the same type of policy enable management searches of
> e-mail for business purposes? Yes, as long as you allow the
> staff to have apersonal folder and make it clear anything in
> it will not be searched unless by law enforcement agencies or
> any other emergency.
>
> What about automated searches?
> in what way?
If the organisation arranged automated searches (no human intervention
unless a positive response were found) of e-mails, say to protect itself in
some way or even target a particular subject matter, what policy impact
would exist?
> Simon (wishing he had never asked this bloody question!)
The question was well put and seems no different from any other situation
often faced daily by DPO's. The discussion will no doubt be of help to
some, too little for others, or of no use at all - until a similar situation
arises.
Regarding my previous e-mail and the last paragraph:-
> No argument that redaction may be necessary, but I do not believe a policy
> statement regarding searching e-mails is necessary for a SAR search to be
> conducted.
> Policy statements of that type seem to fulfil fairness requirements. If an
> employer has neglected to have brought such a policy statement into
> existence, they have/are being unfair to their employees as the
legislative
> need to conduct a search may still arise; but that could also be
indicating
> management may not themselves search the e-mails.
The statement about unfairness would be incorrect and should be ignored in
circumstances where an organisation has some form of staff DP awareness in
place which includes information about subject access being applicable to
e-mails.
Ian W
> -----Original Message-----
> From: Simon Macaulay [mailto:[log in to unmask]]
> Sent: 23 June 2005 16:27
> To: [log in to unmask]; Ian Welton
> Subject: Re: Internal staff SAR
>
>
> Ian are you the sites official Devil's advocate?
>
> So a right to privacy within employment exists. is this a statement or
> rhetorical question? I would have thought..yes if it's aqvestion
>
>
> Would the same type of policy enable management searches of
> e-mail for business purposes? Yes, as long as you allow the
> staff to have apersonal folder and make it clear anything in
> it will not be searched unless by law enforcement agencies or
> any other emergency.
>
> What about automated searches?
> in what way?
>
> Simon (wishing he had never asked this bloody question!)
>
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