In deciding whether to reveal the identity of a member of staff, you should
consider the following:
1) If the e-mails are for work purposes, or the e-mail system should only be
used for work purposes, the staff member should not be classed as a third
party and the identity should be revealed unless there is a danger of physical
harm to the person;
2) If the e-mails were of a private nature (eg personal opinion as opposed to
comments about their work), and such use of the system is allowed, there may
be a case for withholding the name and any part of the e-mail that would
identify them but only where it is reasonable in the circumstances to do so;
3) A right to privacy in the workplace does exist but it does not extend to
using the organisation's equipment and software to denegrate others (assuming
this is the nature of the comments and the reason the DS wants the e-mails;
4) The DS may already know the identities of the staff members, so it may be
pointless trying to withhold them.
Ian B
-----------
In a message dated 23/06/05 11:11:44 GMT Daylight Time, [log in to unmask]
writes:
> can anyone give advice on how to deal with a scenario where a mem of staff
> wants to see the emails of certain other staff which have him as the focus
> of their emails?
>
> Unfortunately we do not have a monitoring or similar policy which states
> we will search email accounts after receiving a SAR or an FOI request (not
> for want of trying) and the approach of our HR branch is to simply ask the
> staff mentioned if they have such emails and to disclose if they do.
>
> This leads me to the old chestnut of, are they 3rd parties, and do they
> have to be asked for consent before there emails are disclosed in full
> without their names redacted? This is the approach we are taking but I
> would appreciate any guidance or clarification from anyone who has been in
> a similar situation.
--------
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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