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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]

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:
[log in to unmask] type="cite">
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]

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 - 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 - more than anyone needs to know

Marketing by Permission

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, but it is the responsibility of the recipient to make all the necessary virus checks. This email and any attachments to it are copyright of Meadowood Associates, owners of Compliance And Privacy, unless otherwise stated. Their copying, transmission, reproduction in whole or in part may only be undertaken with the express permission, in writing, of Meadowood Associates, at Meadowood House, 30 Redditch, Bracknell, Berkshire, RG12 0TT.

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

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