Not an attempt at an answer, but another question raised:-
"the Council has an e-mail policy which states that it is not to be used for
personal e-mails"
We have a similar policy which states that personal privacy using the work
e-mail system cannot be guaranteed. As far as I understand it (and that may
not be too far) there are Human Rights issues about policies like this
because there is a right to communicate in any medium and in confidence with
certain people like Union reps., HR etc. Personally, I wouldn't choose to
use e-mail simply because privacy can't be expected, but the ubiquity and
ease of e-mail tends to breed unwarranted trust from users. Any comments?
Going to read the legal guidance now, may be some time.....
regards
Su Goulding
Data Protection Analyst
tel: 020 7330 3491
mobile: 07767 674376
[log in to unmask]
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: Monday, October 29, 2001 11:32 AM
To: [log in to unmask]
Subject: Subject Access - Sensitive or Not?
All
I have a wee problem here...an employee made a SAR in December 2000.
Anyway, at the time another staff member had lodged an official complaint
about him which resulted in an investigation - part of that investigation
included e-mails being opened and printed by the Line Manager. Some of the
e-mails were correspondence with the TU rep which were not apparent to be of
a personal nature and anyway, the Council has an e-mail policy which states
that it is not to be used for personal e-mails. I am of the view that he
should have written outwith work and not used the e-mail system which as we
all know is not secure. We now have a generic e-mail address for the Union
but at that time we did not. There may also have been third party
confidentiality issues at that time. He now has a copy of the letter and
wants an explanation as to why he was not given it then. I am of the
opinion that at that time it was an ongoing investigation...can you help?
There may be an issue as to legal advice being sought from a legal adviser.
I would be most grateful for any help here.
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 826516
e-mail: [log in to unmask]
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