Hypothetical (but possible) scenario - An employee, in a firm with published
policies on acceptable use of e-mail, is suspected of breaching the policy.
Let's say they are suspected of distributing unsuitable material. A covert
investigation is launched in line with agreed procedures, appropriately
authorised by management, for a specified purpose and a pre-determined
length of time. Facts are gathered, with the result that the employee is
exonerated.
- Should the employee be made aware of the investigation and at what stage -
before/after/during?
- Should a record of the investigation be retained on the Personnel file if
the employee is exonerated?
- Does it then form part of the disclosable file?
- Can any retention of the data be justified and what might be a reasonable
retention period?
There are a number of possible pitfalls throughout. Not least is the damage
to the employer/employee relationship and any potential claim for
damage/distress as a result (what if the employee thought - rightly or
wrongly - that they had been denied promotion as a result of the
investigation?). However, the employer might find the data beneficial if
the employee was later found to be breaching policy in the same way on a
different occasion.
The fundamental issue might lie with the wording of the policy/procedures
and sweeping assumptions that these are entirely legal and reasonable have
been made throughout.
No views advocated, no agenda represented.
Have a good weekend, all.
Su Goulding
Data Protection Analyst
tel: 020 7330 3491
mobile: 07767 674376
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