One final word - proportionality?
 

Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681


From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill, Steve
Sent: Thursday 20 October 2011 09:01
To: [log in to unmask]
Subject: Re: [data-protection] Access to 'Personal' Emails on Work System

Thanks for the responses. Legal Services have decided we may access the emails as our policies state 'that we can'. I still have my doubts but I am lower in the food chain.
 
Regards
Steve
 
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 19 October 2011 18:36
To: [log in to unmask]
Subject: Re: [data-protection] Access to 'Personal' Emails on Work System

Agree with JB

Please have a look at my article on the same:

http://www.actnow.org.uk/content/47



On 19 Oct 2011, at 15:51, Baines, Jonathan wrote:

Steve
 
You need to consider RIPA and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.
 
Look at the ICO's guidance at http://www.ico.gov.uk/for_organisations/data_protection/topic_guides/employment.aspx (esp. the supplementary guidance)
 
Broadly, a business can legally intercept communications under the Lawful Business Practice Regs if it is to monitor business-related communications, or to determine whether the communication is a business-related one. As to whether, in your example, such an interception would be lawful, I think you would do well to involve your lawyers (cos what I've said here certainly isn't and can't be legal advice).

Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill, Steve
Sent: Wednesday 19 October 2011 15:40
To: [log in to unmask]
Subject: [data-protection] Access to 'Personal' Emails on Work System

Hi,
 
Two of our employees are currently under investigation for mis-use of email and work computer equipment (I believe the accusation maybe something along the lines of use of work time, email address, equipment and job title for own personal benefit).
 
We are currently looking at all manner of policies (email usage etc etc) to try and find a statement that says "we can access your non-work emails if we think is there is mis-use going on", is there anything is the data protection act that allows me to say yes we can access these 'personal' emails on the work system without any issues as part of an on-going investigation?
 
Regards
Steve
 
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer
 

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