Whilst it was pointed out that blogs are by their nature public I was
looking at
http://www.ico.gov.uk/cms/DocumentUploads/AG_No_12_When_is_information_caught_by_the_Freedom_of_Information_Act.pdf
"8. Is non-official information in the possession of public authorities
caught by the Act?
These communications would not be caught by FOI, provided that the
information is not created by a member of staff in the course of their
duties.
Examples of non-official information include:
a) Trade union communications
.....
b) Personal written communications (emails, etc)
.....
c) Party political communications
....."
You need to examine precisely what is said here.
Under b) Personal written communications it says:
"In most circumstances private emails sent or received by staff in the
workplace would not be held by the authority as it has no interest in them.
It will be a question of fact and degree whether a public authority does
hold them, dependent on the level of access and control it has over the e
mail system and on the computer use policies. It is likely to be the
exception rather than the rule that the public authority does hold them.
Problems can arise with hybrid emails, those which contain a mixture of
personal content and that relating to the duties of the employee. The
information which falls within the latter classification is potentially
disclosable, and so as part of good email management the formulation of such
emails should be avoided."
I was rather surprised at this advice.
I note the footer/warning to Phil Bradshaw's email.
Nick Landau
----- Original Message -----
From: "Talbot Richard" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, May 03, 2006 3:43 PM
Subject: [data-protection] Blogs
> On another group I subscribe to they are talking about blogs. Are they
> subject to release under a sar if done at work on a works pc? Is there
> some
> scope for the ico to issue some guidance.
>
>
>
> Richard Talbot
>
> Data Protection Adviser
> Co Sec and Legal
>
> QinetiQ Ltd Bincleaves
> Bldg 40 Rm 5
> Bincleaves Technology Park
> Newtons Road, Weymouth
> Dorset, DT4 8UR
>
> Tel: 01305 764663
> Email: [log in to unmask]
> Fax: 01305 764449
> Web: www.QinetiQ.com <http://www.qinetiq.com>
>
> QinetiQ - The Global Defence and Security Experts.
>
>
>
>
> The information contained in this E-Mail and any subsequent
> correspondence is private and is intended solely for the intended
> recipient(s). The information in this communication may be confidential
> and/or legally privileged. Nothing in this e-mail is intended to
> conclude a contract on behalf of QinetiQ or make QinetiQ subject to any
> other legally binding commitments, unless the e-mail contains an express
> statement to the contrary or incorporates a formal Purchase Order.
>
> For those other than the recipient any disclosure, copying,
> distribution, or any action taken or omitted to be taken in reliance on
> such information is prohibited and may be unlawful.
>
> Emails and other electronic communication with QinetiQ may be monitored
> and recorded for business purposes including security, audit and
> archival purposes. Any response to this email indicates consent to
> this.
>
> Telephone calls to QinetiQ may be monitored or recorded for quality
> control, security and other business purposes.
>
>
>
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
>
> 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 : -
>
>
>
> http://www.jiscmail.ac.uk/help/commandref.htm
>
>
>
> Any queries about sending or receiving message please send to the list
> owner
>
>
>
> [log in to unmask]
>
>
>
> (all commands go to [log in to unmask] not the list please)
>
>
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|