I don't feel qualified to disagree with colleagues on the list, but I would
be interested to know how this squares with the guidance from the ICO in the
Employment Practices Code that "workers have legitimate expectations that
they can keep their personal lives private and that they are also entitled
to a degree of privacy in the work environment". That is, of course, in the
context of monitoring, so it doesn't explicitly address the question of
whether the employer is processing data that employees create on their
personal account. But it leaves a lingering doubt in my mind.
Best wishes,
Paul
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
For continuous priority support on Data Protection, sign up to my support
service:
www.paulticher.com/data-protection-services
----- Original Message -----
From: Marchini, Renzo
To: [log in to unmask]
Sent: Friday, June 20, 2014 10:08 AM
Subject: Re: Exclusively personal email held on corporate systems
And if Google is "processing" personal data by "blinding" providing search
facilities on the internet, with reference to the recent Spanish case of
course, then the employer will be "processing" personal data within the
email system it "blindly" provides to its staff (even for their personal
use).
R
Renzo Marchini
Special Counsel
Dechert LLP
+44 20 7184 7563 Direct
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of James Walkom
Sent: 20 June 2014 10:04
To: [log in to unmask]
Subject: Re: [data-protection] Exclusivly personal email held on corporate
systems
Sorry but I fail to see how a company can use disclaimers on the e-mail to
"opt out" of processing personal data just because the employee is using it
for their own personal use.
Company resources have been used and the company has retained a copy of
the personal data (which rules out the use of external e-mail providers such
as Hotmail) so surely the company has processed that data?
James
Best wishes,
Paul
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
For continuous priority support on Data Protection, sign up to my support
service:
www.paulticher.com/data-protection-services
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|