Explicit consent would seem not to be required to monitor Emails, only advanced notice of monitoring: See Extract from government issued guidelines: Human rights in the workplace Many of the principles of the Human Rights Act are designed to protect you as a worker within the workplace. For example, you have the right to a private and family life. So an employer who discriminates against a gay worker, for example, may be violating that worker's right to a private life. Your employer has the right to monitor communications within the workplace as long as you're aware of the monitoring before it takes place. Monitoring can cover: emails internet access telephone calls data images Full data: http://www.direct.gov.uk/Employment/Employees/DiscriminationAtWork/Discr iminationAtWorkArticles/fs/en?CONTENT_ID=10026574&chk=Ue186k David Blewitt Risk & Records Manager Tyne Metoropolitan College -----Original Message----- From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Suzy Taylor Sent: 23 May 2006 13:04 To: [log in to unmask] Subject: Re: Privacy of Emails / Telephone calls etc I was always given to understand that if an institution permitted employees to use its e-mail system for personal use that there was an expectation of privacy that emanated from the Human Rights Act. In this case an organisation cannot carry out systematic monitoring without explicit consent. It is because of this and many other issues that I hate writing and implementing e-mail policies. I wonder how many of us work in organisations that don't allow personal use of e-mail? Is it better? Regards to all Suzy Suzy Taylor Records Manager New College Durham Framwellgate Moor Durham DH1 5ES Tel: 0191 375 4422 E-mail: [log in to unmask] >>> Wisener Joseph <[log in to unmask]> 05/23/06 12:02pm >>> If Local Authorities are subject to the provisions of the Public Records Act or the FoI Act then all material received or generated by the authority is subject to FoI request and is potentially discoverable - email by its nature is a communication device not a storage device - it is also subject to the rules of the organisation which is independent of its employees - employees may have the privilege to use email for 'personal' communication, but this does not imply 'Human Rights' to privacy as the organisation is liable for prosecution for the content of the system - there is no human right to employer based systems of communication established for the purposes of conducting the organisations business - regards Joseph Joseph Wisener BA Hon's Info Sci CAA EDRM System Manager 01293 573962 [log in to unmask] <mailto:[log in to unmask]> -----Original Message----- From: Chell, Robert [mailto:[log in to unmask]] 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 ********************************************************************** PRIVACY AND CONFIDENTIALITY NOTICE This email, and any files transmitted with it, is strictly confidential and intended solely for the person or organisation to whom it is addressed. If it comes to the attention of any other unauthorised person, no action may be taken on it nor should it be copied or shown to any third party. 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If you are not the intended recipient you must not copy, distribute, or take any action or reliance upon it. If you have received this e-mail in error, you should notify the sender Blewitt, David [log in to unmask] immediately and delete this email. Any unauthorised disclosure of the information contained in this e-mail is strictly prohibited. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tyne Metropolitan College unless explicitly stated otherwise. This e-mail and attachments have been scanned for viruses prior to leaving Tyne Metropolitan College. Tyne Metropolitan College will not be liable for any losses as a result of any viruses being passed on. 23/5/2006