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The employer always retains the right to access any email to ensure the
continued integrity and working of the email system, or as part of the
investigation of an offence, etc. This holds true even if the email is
marked "private".

Donald Henderson
Information Security Manager
Perth & Kinross Council

-----Original Message-----
From: Colette Healiss [mailto:[log in to unmask]] 
Sent: 19 August 2003 16:59
To: [log in to unmask]
Subject: Re: [data-protection] Email !!!!!!! and H drive

It should be noted that although a ban on personal use of email at work
which is clearly stated in the employer's policy and made known to all
staff is permissible, there is a limit to the employers legal right to
intercept email.  The employers activities are constrained by the Lawful
Business Practice Regulations which add to the exemptions given in RIPA
ones which are specific to monitoring of employees.  The content of
personal emails is protected by these regulations and employers have no
right to access them.

Colette Healiss
Data Protection Administrator
IT Strategy and Regulation
St Helens Council
Town Hall
Victoria Square
WA10 1HP
Telephone 01744 456052



                      Graham Smith
                      <[log in to unmask]>             To:
[log in to unmask]
                      Sent by: This list is        cc:
                      for those interested         Subject:  Re: Email
!!!!!!! and H drive
                      in Data Protection
                      issues
                      <data-protection@JISC
                      MAIL.AC.UK>


                      19/08/2003 16:39
                      Please respond to
                      Graham Smith






Teresa Gudge asks:

> are my emails private ??

To a large extent this depends upon custom and practice at your place of
work. A sensible employer will have a written policy statement that
clearly
explains the situation.

In the absence of any such statement, you should assume that nothing is
private. If you wish to enter into private correspondence with someone,
then
it would be wise to avoid sending or receiving same at a works address.
Clearly some employers allow incidental personal use of their systems,
but
this is not something to be relied upon. If you want to exchange private
emails, use your own private email address!

--
Graham Smith

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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       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 : -
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The information in this email is confidential and is meant solely for
the intended recipients. The information contained in this email may
not be the views of Perth & Kinross Council. It is possible for email
to be falsified and the sender cannot be held responsible for the
integrity of the information contained in it.
If you have received this email in error, any disclosure, copying, or
distribution of the information contained in it is strictly prohibited.
If you are not the intended recipient, please advise the sender
immediately and delete this email.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       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 : -
    www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
  (all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^