Happy to confirm I am not taking this personally.
What I can say is :
1. All employees consent to interception - practices conform to the ICO
employment code
2. The purposes are clearly legitimate (I assume I do not need to
clarify as everyone is aware of the potential for abuse) and in so far
as this may on occasion amount to processing personal data I am happy we
can rely on Condition 6 - particularly as I know how the (very
occasional !) monitoring is done and it is difficult to see any real
prejudice*. Usually this would not involve seeing the email text - just
the image and the monitors are in the position of auditors with very
clear understanding of their role and responsibilities. In the unlikely
event it is sensitive personal data (sender should know better than to
send by email) Schedule 3 Condition 2 applies - we have obligations to
protect employees.
* I am happy with this as a general principle but further, most people
who are or have been employed will be aware from their own organisation
what is in a typical IT security policy, and would not be surprised at
this
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [log in to unmask] <mailto:[log in to unmask]>
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Knowledge Bank : An easier way to share information
http://wikiweb/index.php?title=Main_Page
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 06 March 2009 11:30
To: [log in to unmask]
Subject: Re: [data-protection] Checking emails for images etc
The answer is I am unsure. I sent it to an individual. As such I
expect the council to process my email in order to deliver it, and I
expect the individual it is sent to to handle it with normal
professional processing. I'm just not sure that I expect it to be
examined by someone other than the person I addressed it to for some
sort of routine screening.
Intuitively I feel that I did not give my consent for that level of
processing of what left me as "my personal data". I might choose to
give that consent if asked, but it seems that I have no option, which
feels wrong.
I'm not raising this to attack Cardiff in any way. I'm truly interested
in the thoughts of list members.
Bradshaw, Phillip wrote:
It has been sent to Cardiff Council and has been "intercepted"
by Cardiff Council. One data controller. Which principle is the DC
breaching here ?
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [log in to unmask]
<mailto:[log in to unmask]>
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Knowledge Bank : An easier way to share information
http://wikiweb/index.php?title=Main_Page
________________________________
From: This list is for those interested in Data Protection
issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 06 March 2009 10:49
To: [log in to unmask]
Subject: [data-protection] Checking emails for images etc
I just emailed a list member in Cardiff and received the
following automatic reply:
BEGINS
YOUR E-MAIL HAS BEEN DELIVERED TO THE INTENDED RECIPIENT.
Your e-mail has been delivered to the intended recipient. For
your information,
an image attachment was detected (such as .jpg, .bmp or .gif),
which may be part
of a Powerpoint (PPT) file or E-mail background.
A copy of your E-mail has been held in accordance with Cardiff
Council's ICT
security policy, and Audit will routinely check these images to
assess their
appropriateness.
Any technical queries, please contact the ICT Helpdesk on 029
2087 3333.
Any queries regarding this policy, please contact the
Authority's Audit Manager
on 029 2087 2275.
ENDS
Now I have a Friday question for the list:
The email that I sent was personal data. I have no agreement
with Cardiff Council
that they may intercept and scan the contents of my emails, nor
to have the images
"routinely checked". I am thus unsure of the lawfulness of this
policy and wonder if
this might be a breach of my rights as the sender of the email,
especially as
there is no prior warning.
What do you all think?
--
________________________________
Tim Trent - Consultant
Tel: +44 (0)7710 126618
web: ComplianceAndPrivacy.com - where busy executives go to find
the news first
personal blog: timtrent.blogspot.com/ - news, views, and
opinions
personal website: Tim's Personal Website
<http://www.trent.karoo.net> - more than anyone needs to know
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--
________________________________
Tim Trent - Consultant
Tel: +44 (0)7710 126618
web: ComplianceAndPrivacy.com - where busy executives go to find the
news first
personal blog: timtrent.blogspot.com/ - news, views, and opinions
personal website: Tim's Personal Website <http://www.trent.karoo.net> -
more than anyone needs to know
Marketing by Permission
<http://feeds.feedburner.com/%7Er/MarketingByPermission/%7E6/1>
Important: This message is private and confidential. If you have
received this message in error, please notify us and remove it from your
system. This email and any attachment(s) are believed to be virus-free,
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Meadowood Associates, owners of Compliance And Privacy, unless otherwise
stated. Their copying, transmission, reproduction in whole or in part
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Meadowood Associates, at Meadowood House, 30 Redditch, Bracknell,
Berkshire, RG12 0TT.
________________________________
All archives of messages are stored permanently and are available to the
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