If you went into a part of the office where you were not supposed to be,
because you genuinely thought you could smell gas, and found colleagues
loading the firm's computers into a van you wouldn't refrain from raising
the alarm just because you weren't supposed to be there. Provided you can
justify the action you are engaged on, if in the process you stumble across
a serious misdemeanour I don't see any logic behind the argument that you
cannot act on what you now know.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Emma Bothamley" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, July 13, 2005 3:28 PM
Subject: Covert monitoring - 'other information'
> A question about covert monitoring and 'other information' that might be
> found while conducting covert monitoring.
>
> Under section 3.4.5 of the Employment Code of Practice it says that we
> should:
> " . . . Disregard and, where feasible, delete other information
> collected in the course of monitoring unless it reveals that no
employer
> could reasonably be expected to ignore".
>
> In the Supplementary Guidance it states,
> "Information about workers who are not the target of the investigation
> should be deleted as soon as practicable. The type of activities that
> an employer could not reasonably be expected to ignore might include
> criminal activity, gross misconduct or practices that jeopardise the
> safety of others".
>
> My question is, what if information about workers who are not the target
of
> the investigation reveals that they are also involved in some equally
> devious but separate criminal activity. Should we delete that information
> and pretend we didn't see it or could we legitimately use the information
> if it revealed something seriously underhand was occurring?
>
> My view is that if the information does reveal something seriously
> underhand, I feel we should be able to act upon it. A colleague of mine
> has challenged my view and argues that section 3.4.5 should only relate to
> 'other information' about the individual who was the original focus of the
> monitoring to avoid 'fishing' allegations. Information about other
> individuals should be disregarded as they weren't the original focus of
the
> covert monitoring.
>
> Looking at the wording of the Code of Practice, I guess this could be
> argued either way. I'm interested in other people's views on this so I
can
> attempt to set some best practice guidelines for the business.
>
> Many thanks in advance,
> Emma
>
>
> Emma Bothamley
> Data Protection Consultant
>
> 01733 471226
>
>
> Pearl Group Ltd No.05282342 and Pearl Group Services Ltd No. 3725038. The
following companies are subsidiary companies of Pearl Group Ltd and are
authorised and regulated by the Financial Services Authority: Pearl
Assurance plc No. 1419, Pearl Assurance (Unit Funds) Ltd No. 1027138, Pearl
Assurance (Unit Linked Pensions) Ltd No. 1122485, Pearl ISA Ltd No. 3597973,
London Life Ltd No. 1179800, London Life Linked Assurances Ltd No. 1396188,
NPI Ltd No. 3725037, National Provident Life Ltd No. 3641947, UKLS Financial
Services Ltd No. 3715118. All companies are registered in England at The
Pearl Centre, Lynch Wood, Peterborough PE2 6FY. Tel. 01733 470470. We may
record or monitor telephone calls to improve service and for our mutual
protection.
>
> The information in this e-mail is confidential and may be legally
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>
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