In fact when I redrafted our policy I started from the premise that we
are (or aim to be) a good and caring employer that values its staff. The
rest followed pretty naturally and I did not need to worry too much
about technicalities.
Some people needed a bit of gentle persuasion but soon saw the light ...
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 19 July 2007 14:32
To: [log in to unmask]
Subject: Re: [data-protection] private email accounts
In message
<[log in to unmask]>,
at 11:48:29 on Thu, 19 Jul 2007, Tim Turner <[log in to unmask]>
writes
>I'm probably flogging a dead horse, but none of this gives staff a
>right (i.e. an enforceable and explicit right, rather than something
>which nice employers ought to grant them) to use a work-based email
>system for personal use. A Home Office circular, as mentioned by Roland
>Perry and which I admit I cannot find in a search, does not sound like
>something which would confer an obligation or a right.
We need a FAQ for things like this. Love it or hate it, here it is:
Home Office Circular 15/99 on Interception of Non-Public
Telecommunications Networks
<http://www.nationalarchives.gov.uk/ERORecords/HO/415/1/circulars/1999/h
o
c9915.htm>
See section 9 (which is about respecting the privacy of private
communications from work).
"Everyone has the right to respect for his private and family
life, his home and his correspondence. Many people make and
receive telephone calls at work relating to personal matters. It
is not reasonable to expect that employees will never be
contacted on a domestic matter in work time, or that the
employee will never have reason to make personal calls from the
office."
These pre-RIPA sentiments, from the government department tasking with
protecting our freedom, were carried through into the RIPA era.
It last cropped up in April in a thread "European Court of Human Rights:
Personal calls and Internet usage from work are (maybe) protected"
"...telephone calls from business premises are prima facie
covered by the notions of 'private life' and 'correspondence'
for the purposes of article eight," said the Court's ruling. "It
follows logically that emails sent from work should be similarly
protected under article eight, as should information derived
from the monitoring of personal internet usage."
http://www.out-law.com/page-7936.
>There's a whole heap of guidance and good practice and advice and urban
>myth swirling around this thing, but I can't start anywhere but with
>what we absolutely have to do. Once you establish what you have to do,
>you can then decide how much further you want to do, but to me, it's
>futile to start anywhere but the obligation.
So start with the Lawful Business Regulations and TICO guidance on
Monitoring at Work. Both are an attempt to describe which interception
of communications are legal, and which aren't.
--
Roland Perry
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