Hi Doreen,
Just a quick reply, but I believe (and have read somewhere) that IF you have
not made a statement to your Users that ALL mail may be monitored and have
allowed users to use emails for personal use then you cannot examine their
private emails (invasion of privacy), if however they have used their emails
(even privately) to communicate about an employee in execution of their
duty, then the subject has a right of access.
We currently have an unclear policy and procedures re emails and it is my
job to determine a new operational practice. I will be recommending that
from a CERTAIN date ALL emails including personal emails may be monitored
for the purpose of Council security and compliance with Acts of Parliament
etc etc.
I hope this helps.
Arthur
-----Original Message-----
From: Nwolie Ifeoma [mailto:[log in to unmask]]
Sent: 21 August 2002 10:32
To: [log in to unmask]
Subject: Re: E-mail monitoring (again!!!)
Doreen
I don't know if this helps, but the draft code on employment practices on
the OIC website, states that the following:
"Monitoring may involve others having access to personal information about
workers. In some cases the information may be of a private or confidential
nature, for example if monitoring extends to the content of e-mail messages.
As far as possible such information should be excluded from monitoring.
Where this is not possible those who have access to the information must be
kept to a minimum. They must be subject to rules to ensure the information
is kept securely, not misused or improperly disclosed. They should also be
trained to understand the data protection principles that arise when
carrying out monitoring.
Monitoring is more intrusive if those who have access to private information
are close colleagues or the manager of a worker. Therefore, if possible,
access should be confined to those with relevant responsibilities working in
a specific function such as Security or Personnel."
Regards
Magi
(Ifeoma) Magi Nwolie
Data Protection and Confidentiality Officer
NHS Information Authority
New queries to helpdesk 3:
Tel: 0121 333 0420
Fax: 0121 333 0421
e-mail: [log in to unmask]
-----Original Message-----
From: Bill Smith [mailto:[log in to unmask]]
Sent: 21 August 2002 08:54
To: [log in to unmask]
Subject: Re: E-mail monitoring (again!!!)
Dear Doreen
Rewrite your email policy to allow staff personal use of email during lunch
and other breaks. The chances are that staff are using the system for
personal emails anyway, especially senior staff. Then there's the problem
of 'hybrids', when an email is part work, part personal. Nightmare, really.
Especially if you monitor for misuse. Are you really going to discipline
the chief exec for arranging a night out with an opposite number from
another authority?
Sort your monitoring statement out to take consideration of real criminal
activity etc. Then sack the surplus of Line managers who have nothing
better to do than look at their team's emails. The money saved on their
wages could be put to better use elsewhere.
Regards
Bill Smith
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 20 August 2002 14:49
To: [log in to unmask]
Subject: [data-protection] E-mail monitoring (again!!!)
All
The Council presently have an e-mail Policy in place stating that monitoring
of e-mail may take place. The problem is that some Departments allow their
staff minimal use of e-mail for personal use whereas some adhere to the
rules and do not allow monitoring. Obviously, should there be a
disciplinary case and say someone is sacked I feel that this leaves the
Council open to litigation.
The group involved in these discussions have now decided that to ensure that
employees are not using the e-mail for personal use that their Line Managers
should have (Editor/Reviewer) rights to their staff's e-mails. This is all
good and well but staff do have rights to contact their Union reps either by
e-mail or telephone - how do we stand therefore if an employee has a
grievance with his Line Manger and may have referred to him in
communications with the Union rep. I feel that these rights should not be
taken away but yet again this e-mail thing gives us more grey areas.
Anyone any views....
Doreen Broom
Access to Information Officer
[log in to unmask]
Tel: 01835 826516 (Direct Line)
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