At least it provides a good illustration of how policy and procedure 
can definitely affect legal rights whilst assuring control within an 
organisation sufficient to reflect its abilities, as well as 
identifying/promoting developments.  I guess the unions in the USA have 
learned not to use internal e-mail systems because of those 
difficulties. 

If the EU Directive and legal processes promoted 
improving technical security standards one could assume that in twenty 
years time most organisations in the EU will be able to adequately cope 
with confidential communications and will have moved out of that Iron 
Bridge scenario (That statement is based on an assumption that I.T. 
will improve in assuring e-mail type privacy.); Although looking back 
over the 20 years since the DP Convention was signed (28 January 1981 - 
Data Privacy Day this year), perhaps not.  Whoever said that I.T. was 
an area of rapid change must have had blinkers on in this regard.

Ian 
W
N.B. For those who may not be familiar with Iron Bridge: "Being the 
first of its sort, the construction had no precedent; the method chosen 
to create the structure was therefore based on carpentry."
https://secure.wikimedia.org/wikipedia/en/wiki/The_Iron_Bridge



-----
Original Message-----
From: This list is for those interested in Data 
Protection issues [mailto:[log in to unmask]] On Behalf Of 
Baines, Jonathan
Sent: 17 January 2011 16:40
To: data-
[log in to unmask]
Subject: Re: [data-protection] Legal 
privilege


That case has in general been badly reported although the 
article you link to (notwithstanding the URL title) is good. The Court 
does not appear, contrary to some reports, to have held that emails are 
a sub-class of information when it comes to client privilege. It was a 
matter of fact in this case that the employee knew that her emails 
would be monitored, and that by the terms of her contract she was not 
to use her email for private purposes.

Jonathan Baines
Legal and 
Democratic Services
Buckinghamshire County Council
01296 383681

 



-----Original Message-----
From: This list is for those interested in 
Data Protection issues [mailto:[log in to unmask]] On 
Behalf Of Ian Welton
Sent: Monday 17 January 2011 16:34
To: data-
[log in to unmask]
Subject: [data-protection] Legal privilege


Recent US legal take on client privilege and e-mails.

http://www.hldataprotection.com/2011/01/articles/litigation/california-court-finds-no-attorneyclient-privilege-for-employee-emails-to-attorney-on-employers-computer/

Ian W


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