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DATA-PROTECTION  2006

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Subject:

Re: Privacy of Emails / Telephone calls etc

From:

Nick Landau <[log in to unmask]>

Reply-To:

Nick Landau <[log in to unmask]>

Date:

Tue, 23 May 2006 13:05:42 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (314 lines)

At a Primary Care Trust where I worked, good practice was never to have any 
work files on one's own PC's hard disk. This meant that we could work or 
have access to our own work files at any machine with access to the PCT 
network.

It means that information is not kept on machines but on the server.

I appreciate that the situation with Health Trusts are different to other 
organisations - eg non-clinical staff are often visiting clinical sites.

Nick Landau

----- Original Message ----- 
From: "Mary Liddell" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, May 23, 2006 11:55 AM
Subject: Re: [data-protection] Privacy of Emails / Telephone calls etc


Robert,

I would assume your e-mail first comes into a server before it is
distributed to the addressees; and it remains on that server, unless
you're using something like POP3.  So unless your IT people have some
process whereby they delete all the e-mail on the server every X days,
it is all discoverable under FOI.  It would also (I would think) be
discoverable on any backup media that are used.

Just because you haven't designated them as "records" doesn't mean they
aren't caught.  You probably wouldn't designate post-it notes as
records, either, but if they exist and can be located, they can be
disclosed in response to a request.

Mary F. Liddell
Information Access Officer
Brunel University



-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Chell, Robert
Sent: 23 May 2006 11:47
To: [log in to unmask]
Subject: Re: [data-protection] Privacy of Emails / Telephone calls etc

Can I just widen this discussion out a bit further.



Whilst we would all support the fact that email should be dealt with and
captured into a records system if it is a record, what about those
emails that remain in inboxes, or are filed in personal folders and will
probably never be captured or declared as records, but should be
regularly deleted.
These are presumably the focus of the concern of employers' monitoring.




My concern is how far these emails are discoverable under FOI.  They are
certainly held by the Authority, but are they information that, if
requested as part of an FOI request, should be disclosed?



If there is no policy on capturing emails as records, is there any
justification in refusing a request when both "record" and "non-record"
information is held in the same record keeping system (the email
system).



Robert Chell

Records Manager

Clerk to the Council



Room 111, County Hall

CARDIFF  CF10 4UW



* [log in to unmask] <mailto:[log in to unmask]>



* 02 920 873327

  _____

From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Julie Gibbs
Sent: 23 May 2006 09:58
To: [log in to unmask]
Subject: Re: Privacy of Emails / Telephone calls etc



Roger

You will find the Information Commissioner's Employment Codes of
Practice here.  They are free to download or acquire hard copies and it
would be well worth suggesting someone in your company reads them.  Part
3 is specifically about Data Protection and Monitoring at Work.



http://www.ico.gov.uk/eventual.aspx?id=437
<http://www.ico.gov.uk/eventual.aspx?id=437>



Julie Gibbs

Information Officer

Crewe & Nantwich Borough Council

  _____

From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Gajadhar,
Roger
Sent: 23 May 2006 09:09
To: [log in to unmask]
Subject: Privacy of Emails / Telephone calls etc



I would like to get your views on the following, I was sure that there
was an EU Directive guiding this



Our company had just implemented an It Usage Policy and as part of the
monitoring process for this policy they specifically state that they
will be




1    randomly opening employees Emails or listening to their voice
messages

2    Using automated checking software to collect information about
employees#

3    Examining logs of websites visited.

4    Keeping records of telephone calls, also listening to some of the
conversation.



the important thing to note is that it specifically states that this
will be done without the employees prior approval and or knowledge.



Your thoughts please



Roger Gajadhar

London Region Records Manager





DAVIS LANGDON LLP


MidCity Place

71 High Holborn

London

WC1V 6QS



Main Tel: +44 (0) 20 7061 7000

Direct Tel: +44 (0) 20 7061 7626

Fax: +44 (0) 870 048 6303

Email: roger.gajadhar <mailto:*@davislangdon.com> @davislangdon.com

Web:  <http://www.davislangdon.com/> www.davislangdon.com





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