Run through the advice using the most unpleasant crime you can think of and
that you observe during the course of covert monitoring.
Let us say that you find a group of people conspiring and planning to ram
raid the warehouse that you own just after it has had a shipment of diamonds
delivered. These people were observed by chance while monitoring a
different staff member for petty theft.
To me no employer cold reasonably be expected to ignore that.
Doe sit get more complex if they are splitting up the proceeds of the ram
raid on your neighbours warehouse, nothing actually to do with you? My
opinion is not. No employer, no citizen, could be reasonably expected to
ignore it.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Emma Bothamley
Sent: 13 July 2005 15:29
To: [log in to unmask]
Subject: [data-protection] Covert monitoring - 'other information'
A question about covert monitoring and 'other information' that might be
found while conducting covert monitoring.
Under section 3.4.5 of the Employment Code of Practice it says that we
should:
" . . . Disregard and, where feasible, delete other information
collected in the course of monitoring unless it reveals that no employer
could reasonably be expected to ignore".
In the Supplementary Guidance it states,
"Information about workers who are not the target of the investigation
should be deleted as soon as practicable. The type of activities that
an employer could not reasonably be expected to ignore might include
criminal activity, gross misconduct or practices that jeopardise the
safety of others".
My question is, what if information about workers who are not the target of
the investigation reveals that they are also involved in some equally
devious but separate criminal activity. Should we delete that information
and pretend we didn't see it or could we legitimately use the information if
it revealed something seriously underhand was occurring?
My view is that if the information does reveal something seriously
underhand, I feel we should be able to act upon it. A colleague of mine has
challenged my view and argues that section 3.4.5 should only relate to
'other information' about the individual who was the original focus of the
monitoring to avoid 'fishing' allegations. Information about other
individuals should be disregarded as they weren't the original focus of the
covert monitoring.
Looking at the wording of the Code of Practice, I guess this could be argued
either way. I'm interested in other people's views on this so I can attempt
to set some best practice guidelines for the business.
Many thanks in advance,
Emma
Emma Bothamley
Data Protection Consultant
01733 471226
Pearl Group Ltd No.05282342 and Pearl Group Services Ltd No. 3725038. The
following companies are subsidiary companies of Pearl Group Ltd and are
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