OK thanks, Ill accept that submission as fact. (unless anyone knows
different).

Summarised as - Copyright is always vested with the author of the
work.regardless whether the materials used to compile it belong to that
author. Some emails can therefore have copyright attached to them if content
of a particular type. Not sure all would.

Does this argument lead us to a position to assist resolving who owns
emails. What factors come into play to determine this?

Can an employee ever become a data controller for email?. e.g My poetry is
all about named individuals. I own the copyright and as such I must have to
determine the purpose and the manner that the email content is used? So as
well as facing the sack do I face DPA breaches?

Views

David Wyatt

----- Original Message -----
From: "Charles Oppenheim" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 15, 2004 9:02 AM
Subject: Re: [data-protection] Employee Emails


> David asked if anyone disagreed with any of his statements (below).
> Statement 1 is inaccurate. Information created by an employee only
belongs
> to the employer if the information was created as part of the employees'
> contracted duties. Thus, if I am paid to write software code and instead
> spend my time at work writing poetry, in law the copyright in that poetry
> belongs to me and NOT to the employer. The question of whether it was
done
> on work equipment and in work time is also irrelevant. Thus, copyright
in
> the software code I write as an employee on my home computer late at night
> belongs to the employer, and not me.
>
> .......of course, if I DID write poetry when I should be writing code, my
> employer is entitled to sack me.
>
> Charles
>
> Professor Charles Oppenheim
> Department of Information Science
> Loughborough University
> Loughborough
> Leics LE11 3TU
> 01509-223065
> (fax) 01509-223053
> ----- Original Message -----
> From: "davidwyatt" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, January 15, 2004 12:58 AM
> Subject: Re: Employee Emails
>
>
> > Some bullet point observations which may assist analysis.
> >
> > 1: Information compiled in the employers time an on the employers
> equipment
> > belongs to the employer.
> >
> > 2: Issues could arise if employer policies permits employees to use
their
> > time an equipment for personal use.
> >
> > 3: Employer has vicarious liability for activities of employees so has
to
> > have control.
> >
> > 4: Employer inestigatory processes ought to be consistantly applied e.g.
> the
> > triggers for any investigation should be documented and applied to all
> > employees regardless of level.
> >
> > 5: The DPA use is Staff administration
> >
> > 6: First Principle compliance re notice should be considered at either
> > recruitment or when individuals are granted access to email tools. If no
> > notice then processing is arguably unlawful.
> >
> > 7: Processing condition likely to be legitimate interests (Sch2 Item6)
but
> > to assess these the actual data items detail in context required..
> >
> > 8: Retention of email data should have a policy. It could be anything
from
> a
> > short designated period to the duration of the employer contract.
> Judgement
> > has to be made but it should be consistent for all email users of the
data
> > controller employer.
> >
> > 9: Appropriate Security leads you to having controlled investigations.
ie
> > have you a designated and trained investigator who understands system
> > weaknesses re integrity of email systems.
> >
> > 10: Im advised by in-house lawyer that Employment contracts are Consumer
> > contracts. Therefore the Unfair Terms in Consumer Contracts Act would
> apply.
> > This grants powers to the Information Commissioner to challenge any
unfair
> > contract terms, ie those which would be in Breach of DPA principles,
which
> > an employer may wish to impose on employees. Hence the need to be
> consistent
> > in the manner data relating to employees are treated.
> >
> > Anyone disagree with any of the above ?
> >
> > David Wyatt
> >
> >
> > ----- Original Message -----
> > From: "Joanna Diamantopoulos" <[log in to unmask]>
> > To: <[log in to unmask]>
> > Sent: Wednesday, January 14, 2004 5:20 PM
> > Subject: [data-protection] Employee Emails
> >
> >
> > > There is probably a easy answer to this one. If an employer suspects
an
> > > employee has misused the email system by sending items off that are
> > > directly against internet and email policy that has been signed off by
> the
> > > employee, can the employer have access to the sent item box to
determine
> > > whether there has been misuse and the extent of that misuse and then
use
> > it
> > > as evidence in disciplinary procedures? What is the dp standing on
this?
> > >
> > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > > All archives of messages are stored permanently and are
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> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > All archives of messages are stored permanently and are
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> >
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
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       leave data-protection to [log in to unmask]
            All user commands can be found at : -
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