Indeed my advice which was presumably based on the Policies of others was
not to make ad hominem (ie personal comments) in emails sent at work.
This could apply, for instance, if one makes a remark about an FoI
requester, or a tenant.
Presumably any "private" email between colleagues (and not to one's mum)
which contains comments about colleagues or clients/patients/students can
not be considered private.
I made a FoI request to my Council for anything which contained my name
(relating to rubbish collection).
This would presumably include any "personal" exchange (staff-staff)
regarding my case and it would pick up any personal comments about the extra
work/hassle I was causing the staff etc.
Nick Landau
----- Original Message -----
From: "Carter, Antoinette (MCS)" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, May 23, 2006 1:10 PM
Subject: Re: [data-protection] Privacy of Emails / Telephone calls etc
What you want in an ideal world is for people working within, or
communicating with, any FOI-able organisation to be made aware of the
fact that there is no such thing as privacy of e-mails/calls where their
communications are about their work. If you write a personal e-mail to
your mum from work, within the rules set by your employer, you have a
right to expect privacy, that's a given. But with that exception, your
job of work is paid for out of the tax-payers purse. We are expected to
operate in a fair and transparent way, and the communications you
generate and receive are therefore, quite rightly, subject to scrutiny
on request. If the contents of an e-mail cause embarrassment, perhaps
that e-mail should never have been sent....? Mr Prescott?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 23 May 2006 12:24
To: [log in to unmask]
Subject: Re: [data-protection] Privacy of Emails / Telephone calls etc
Robert
This is a very relevant topic for me at the moment. Employees may
receive e-mails from Councillors (who are not liable under the Act) but
if the Council holds information from Councillors - that is deemed to be
information held and we have to disclose. However, if an employee
deletes an e-mail from his "Sent" items folder and then his "Deleted"
items folder for one reason or another i.e. it could be politically
sensitive and may not wish to keep on record, would we have to ask IT to
retrieve the e-mails from the Vault?
I saw the information re. Morgan Stanley not being able to produce
e-mails for a 5 year period and have had to fork out $15
million...admittedly they are a financial institution and may have to
hold records longer.
There is also an apparent European ruling that all e-mails should be
kept for a year.
All this legislation is confusing me and not sure what to do for the
best
Anyone any thoughts?
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Chell, Robert
Sent: 23 May 2006 11:47
To: [log in to unmask]
Subject: Re: Privacy of Emails / Telephone calls etc
Can I just widen this discussion out a bit further.
Whilst we would all support the fact that email should be dealt with and
captured into a records system if it is a record, what about those
emails that remain in inboxes, or are filed in personal folders and will
probably never be captured or declared as records, but should be
regularly deleted.
These are presumably the focus of the concern of employers' monitoring.
My concern is how far these emails are discoverable under FOI. They are
certainly held by the Authority, but are they information that, if
requested as part of an FOI request, should be disclosed?
If there is no policy on capturing emails as records, is there any
justification in refusing a request when both "record" and "non-record"
information is held in the same record keeping system (the email
system).
Robert Chell
Records Manager
Clerk to the Council
Room 111, County Hall
CARDIFF CF10 4UW
* [log in to unmask] <mailto:[log in to unmask]>
* 02 920 873327
_____
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Julie Gibbs
Sent: 23 May 2006 09:58
To: [log in to unmask]
Subject: Re: Privacy of Emails / Telephone calls etc
Roger
You will find the Information Commissioner's Employment Codes of
Practice here. They are free to download or acquire hard copies and it
would be well worth suggesting someone in your company reads them. Part
3 is specifically about Data Protection and Monitoring at Work.
http://www.ico.gov.uk/eventual.aspx?id=437
<http://www.ico.gov.uk/eventual.aspx?id=437>
Julie Gibbs
Information Officer
Crewe & Nantwich Borough Council
_____
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Gajadhar,
Roger
Sent: 23 May 2006 09:09
To: [log in to unmask]
Subject: Privacy of Emails / Telephone calls etc
I would like to get your views on the following, I was sure that there
was an EU Directive guiding this
Our company had just implemented an It Usage Policy and as part of the
monitoring process for this policy they specifically state that they
will be
1 randomly opening employees Emails or listening to their voice
messages
2 Using automated checking software to collect information about
employees#
3 Examining logs of websites visited.
4 Keeping records of telephone calls, also listening to some of the
conversation.
the important thing to note is that it specifically states that this
will be done without the employees prior approval and or knowledge.
Your thoughts please
Roger Gajadhar
London Region Records Manager
DAVIS LANGDON LLP
MidCity Place
71 High Holborn
London
WC1V 6QS
Main Tel: +44 (0) 20 7061 7000
Direct Tel: +44 (0) 20 7061 7626
Fax: +44 (0) 870 048 6303
Email: roger.gajadhar <mailto:*@davislangdon.com> @davislangdon.com
Web: <http://www.davislangdon.com/> www.davislangdon.com
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