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Just for info. I did a chapter of a book "Internet Ethics" (Macmillan) where this area (plus others) is dealt with. My chapter was "application of the Data Protection Act 1998 to the use if the Internet" Chris ---------- > From: [log in to unmask] > To: [log in to unmask] > Subject: Email news > Date: 27 March 2000 13:58 > > <<File Attachment: ENVELOPE.TXT>> > For those of you discussing email liabilities/policies etc ... here are a > couple of news articles that appeared Computer Weekly on the 16/03/00 > > > http://www.computerweekly.co.uk/cwarchive/news/20000316/cwcontainer.asp?na > me > =C12.html > Issue date: 16 March 2000 > Article source: Computer Weekly News > E-mail rights alert Businesses must avoid e-mail liability while obeying > new privacy law Lindsay Clark Companies are committing an offence if they > monitor staff e-mail without > taking steps to get their consent, according to new guidance. In its > guidance to data controllers, the British Standards Institute > explains how the 1998 Data Protection Act, which came into force at the > beginning of this month, protects employees from the covert monitoring of > e-mail. It explains how e-mail policies can be created to allow e-mail > monitoring > while staying with the law. But businesses must monitor e-mail if they > want to avoid costly cases of > defamation and infringement of race and sex laws, according to Liz > Fitzsimons, an associate specialising in e-commerce law with law firm > Eversheds. "If you do not have monitoring, you don't know what employees > will do," she > said. "However, if you are going to monitor e-mail, you must be careful > not > to fall foul of the Data Protection Act, particularly if e-mail is > recorded > and attributed to individuals." The first principle of the Act means that > e-mail policies outlining how > traffic will be monitored must be "clearly stated and openly available", > said David Trower, strategic policy officer with the Data Protection > Commissioner's office. Data Protection Commissioner Elizabeth France first > published a report on e-mail surveillance last May. For businesses to be > confident they comply with the Act while carrying out > surveillance, they must ensure that staff using e-mail know company policy > on its usage, via a memo or e-mail. The policy should also be written into > contracts of employment, Fitzsimons said. If the policy is hidden in a > company handbook, firms may be contravening the Act. Business can conduct > covert e-mail surveillance of e-mail under section 29 > of the Act, providing the data controller has reason to suspect a criminal > offence is being committed, said Trower, who helped put together the BSI > guidance. This could include cases of fraud, theft, sexual and racial > harassment, > though not those involving defamation. > > http://www.computerweekly.co.uk/cwarchive/news/20000316/cwcontainer.asp?na > me > =C13.html > Issue date: 16 March 2000 > Article source: Computer Weekly News > Cornhill gets tough on joke e-mail David Bicknell Insurance group > Cornhill has stepped up a corporate security policy to > ensure that e-mail is properly used for business reasons. The company > wants to prevent corporate e-mail systems being used as a > vehicle for disseminating non-business-related material, and is prepared > to > use disciplinary measures to enforce it. The company has insisted it is > not being a killjoy and denied it would > summarily dismiss staff found guilty of receiving or distributing > inappropriate material. A spokesman agreed staff could do little about > receiving unsolicited > material, and denied that the company had instituted a specific crackdown. > He agreed, though, that messages sent out by staff asking friends not to > send jokes, pictures or movies to their work was probably intended to > protect themselves against questions about material they received. "We > are not against seeing amusing material in e-mails. But we do believe > that corporate e-mail systems should be business-focused and that staff > will > be held liable for any offensive material found to originate from their > systems," he said. Cornhill's policy follows a trend started in the US > where companies monitor > e-mail usage to ensure they are covered against any offensive material > which > emanates from their systems. In 1995, Chevron paid $2.2m to four female > employees to settle a suit in which the women claimed they were sexually > harassed because of jokes sent through the company's e-mail system > > > Pat Walshe > International Security Group > MCI WorldCom Ltd > 14 Gray's Inn Road > London WC1X 8HN > > Tel: +44 20 7675 4221 > Fax: +44 20 7675 4375 > > -- This communication contains information which is confidential and may > also be privileged. It is for the exclusive use of the intended > recipient(s). If you are not the intended recipient(s), please note that > any distribution, copying or use of this communication or the information > in it is strictly prohibited. If you have received this communication in > error, please notify the sender immediately and then destroy any copies > of it. > > ******************** E-mail confidentiality notice ******************** This message is intended for the addressee only. It is private, confidential and may be covered by legal professional privilege. 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