I'm looking for information on the extent to which covert monitoring of
Internet activity (including e-mails) infringe our civil liberties.
Also whether such prying security procedures are necessary in the first
place.
Many Thanks
Paul Ferguson
dataprotectionlaw&policy
82 Cecile Park
London N8 9AU UK
tel: +44 (0)20 8374 0710
fax: +44 (0)20 8374 1743
http://www.e-comlaw.com
http://www.e-comlaw.com/EUMarketing
http://www.e-comlaw.com/IDTSummit
dataprotectionlaw&policy is published by Cecile Park Publishing Ltd.
Registered Office: 80-82 Regent Street London W1R 5PA
Registered Number: 2676976
on 30/3/05 11:15 AM, Lewis, Chris G. at [log in to unmask] wrote:
> A comprehensive policy then - but does it cover emailing message groups?
> Slightly harsh on the no booking holidays though. There would be outrage
> here if there were any limiting of internet use.
>
> As a theoretical question, where one is paying for the phone call to
> dial in to one's employer's servers, could it be argued that as one is
> paying for the internet use through their servers you should therefore
> be entitled to book holidays, seeing as you're therefore not solely
> using the company's property? (Having a slow morning....)
>
> -----Original Message-----
> From: Broom, Doreen [mailto:[log in to unmask]]
> Sent: 30 March 2005 11:10
> To: Lewis, Chris G.; [log in to unmask]
> Subject: RE: Covert Monitoring of Staff
>
> E-mail/internet/homeworking policy states it all...........and yes, we
> do set parameters and no booking of hols etc. over the internet.
> D
>
>> -----Original Message-----
>> From: This list is for those interested in Data Protection issues
> [SMTP:[log in to unmask]] On Behalf Of Lewis, Chris G.
>> Sent: 30 March 2005 11:07
>> To: [log in to unmask]
>> Subject: Re: Covert Monitoring of Staff
>>
>> As long as they have set out the parameters within which the workers
>> can use the company's/council's property, and the employees are aware
>> they are being/may be monitored, then that's fine. Having said that,
>> and on a slightly different point, my experience is that a lot of
>> places are quite happy to allow employees to use the internet for
> personal use.
>>
>> -----Original Message-----
>> From: This list is for those interested in Data Protection issues
>> [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
>> Sent: 30 March 2005 11:05
>> To: [log in to unmask]
>> Subject: Re: [data-protection] Covert Monitoring of Staff
>>
>> That's what I meant but as homeworking is becoming the norm these
>> days, I cannot see Councils allowing staff to mis-use their computers
> e.g.
>> boooking hols over the internet etc. We as public servants are
>> accountable to the public and just because we are working from home
>> doesn;t mean to say we can't be monitored.
>> D
>>
>>> -----Original Message-----
>>> From: This list is for those interested in Data Protection issues
>> [SMTP:[log in to unmask]] On Behalf Of Lewis, Chris G.
>>> Sent: 30 March 2005 11:01
>>> To: [log in to unmask]
>>> Subject: Re: Covert Monitoring of Staff
>>>
>>> One would only be able to monitor the person's use of the company's
>>> equipment if they were dialling in to the company's servers. I
>>> suspect
>>
>>> it may not be permissible, either physically or legally, to do so
>>> otherwise.
>>>
>>> -----Original Message-----
>>> From: Tim Salmon [mailto:[log in to unmask]]
>>> Sent: 30 March 2005 10:59
>>> To: Lewis, Chris G.; [log in to unmask]
>>> Subject: RE: [data-protection] Covert Monitoring of Staff
>>>
>>> Please consider that they may be "working from home" , if using
>>> employers equipment ( Computing device, email system , word
>>> processing
>>> etc) , then you would have reasonable grounds - if previously
>>> informed
>>
>>> as part of an employee privacy policy or disciplinary procedure that
>
>>> monitoring can take place.
>>>
>>> best Regards
>>> Tim
>>>
>>>
>>> -----Original Message-----
>>> From: Lewis, Chris G. [mailto:[log in to unmask]]
>>> Sent: 30 March 2005 10:54
>>> To: [log in to unmask]
>>> Subject: Re: [data-protection] Covert Monitoring of Staff
>>>
>>>
>>> Monitoring at work (presuming you mean electronic monitoring) is
>>> covered in the ICO's employment guides, available from the website.
>>> Basically employees need to be informed as part of an employee
>>> privacy
>>
>>> policy or disciplinary procedure that monitoring can take place. I
>>> think (but would have to check the ICO's guidance) that no employee
>>> consent is required. The only other thing is that the monitoring
>>> needs
>>
>>> to be proportionate. I think you can rule out monitoring them at
>>> home
>> though!
>>>
>>> -----Original Message-----
>>> From: This list is for those interested in Data Protection issues
>>> [mailto:[log in to unmask]] On Behalf Of Sara-Jane
>>> Newbon
>>> Sent: 30 March 2005 10:51
>>> To: [log in to unmask]
>>> Subject: [data-protection] Covert Monitoring of Staff
>>>
>>>
>>>
>>> Hi
>>>
>>> Does anyone have any experience of the laws & protocols which cover
>>> monitoring staff suspected of misconduct (both at work and at home)
>>>
>>>
>>>
>>> Thanks
>>>
>>> Mrs Sara-Jane Newbon
>>>
>>> Information Management Officer
>>>
>>> Blaby District Council
>>> 0116 272 7709
>>> [log in to unmask] <mailto:[log in to unmask]>>
>>>
>>>
>>>
>>>
>>>
>>> ********************************************************************
>>> ** This email and any files transmitted with it are confidential and
>
>>> intended solely for the use of the individual or entity to whom they
>
>>> are addressed. If you have received this email in error please
> notify > > the system manager.
>>> This footnote also confirms that this email message has been swept
> by > > MIMEsweeper for the presence of computer viruses.
>>> Blaby District Council - 0116 275 0555
>>> ********************************************************************
>>> **
>>>
>>>
>>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>> 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
>>> Any queries about sending or receiving message please send to the
>>> list
>>
>>> owner
>>> [log in to unmask]
>>> (all commands go to [log in to unmask] not the list please)>
>>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>>
>>>
>>>
>>> --------------------------------------------------------------------
>>> --
>>> --
>>> ----
>>> This message is sent in confidence for the addressee only. It may
>>> contain legally privileged information. The contents are not to be
>>> disclosed to anyone other than the addressee. Unauthorised
>>> recipients > > are requested to preserve this confidentiality and to
>
>>> advise us of any
>>
>>> errors in transmission. Thank you.
>>> --------------------------------------------------------------------
>>> --
>>> --
>>> ----
>>>
>>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>> 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
>>> Any queries about sending or receiving message please send to the
>>> list
>>
>>> owner
>>> [log in to unmask]
>>> (all commands go to [log in to unmask] not the list please)
>>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>>
>>> Newham is one of the host boroughs in London's bid for the 2012
>>> Olympic Games and Paralympic Games.
>>> Back the bid at http://www.london2012.org/en/support/register
>>>
>>> NOTE: This communication is sent for and on behalf of the London
>>> Borough of Newham.
>>> However the views expressed within it are not necessarily the views
>>> or
>>
>>> policies of the Council. The unauthorised use, disclosure, copying
> or > > alteration of this communication and any attachments is
> forbidden.
>>> This communication and any attachments are intended for the
>>> addressee > > only and may be confidential. If this has come to you
> in error you should immediately permanently destroy it.
>>> You should take no action based on it or copy or show it to anyone
>>> and
>>
>>> telephone the Council immediately with any issues on 0208 430 4444
>>> or > > any other number provided in the communication. Please note
>>> that electronic communication is not considered a secure medium for
>>> sending
>>
>>> information and therefore maybe at risk. We advise that you
>>> understand
>>
>>> and accept this lack of security when using this form of
>>> communication
>>
>>> with us. Although we have taken steps to ensure that this email and
>>>>>> attachments are free from any virus, we advise that in keeping
>
>>> with good computing practice the recipient should ensure they are
>>> actually > > virus free and should run current anti-virus software.
> Please note that email may be monitored and checked to safeguard the
> council network from viruses, hoax messages or abuse of the Council's
> systems.
>>
>>> Action may be taken against any malicious and deliberate attempts to
>
>>> infect the council network.
>>> The information contained in this email maybe subject to public
>>> disclosure under the Freedom of Information Act 2000. Unless the
>>> information is legally exempt from disclosure the confidentiality of
>
>>> this email and your reply cannot be guaranteed
>>>
>>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>> 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
>>> Any queries about sending or receiving message please send to the
>>> list
>> owner
>>> [log in to unmask]
>>> (all commands go to [log in to unmask] not the list please)
>>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^>
>>>
>>> PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
>>>
>>> On entering the GSi, this email was scanned for viruses by the
>> Government Secure Intranet (GSi) virus scanning service supplied
>> exclusively by Energis in partnership with MessageLabs.
>>>
>>> Please see
>> http://www.gsi.gov.uk/main/notices/information/gsi-003-2002.pdf for
>> further details.
>>>
>>> In case of problems, please call your organisational IT helpdesk
>>
>>
>> ********************************************************************
>> * This email is privileged, confidential and subject to copyright. *
>> * Any unauthorised use or disclosure of its content is prohibited. *
>> * The views expressed in this communication may not necessarily *
>> * be the views held by Scottish Borders Council. *
>> * Please be aware that any email sent or received by the Council *
>> * may require to be disclosed by the Council under the provisions *
>> * of the Freedom of Information (Scotland) Act 2002. *
>> ********************************************************************
>>
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> 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
>> Any queries about sending or receiving message please send to the list
>
>> owner
>> [log in to unmask]
>> (all commands go to [log in to unmask] not the list please)
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> 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
>> Any queries about sending or receiving message please send to the list
> owner>
>> [log in to unmask]
>> (all commands go to [log in to unmask] not the list please)
>> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>> PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
>>
>> On entering the GSi, this email was scanned for viruses by the
> Government Secure Intranet (GSi) virus scanning service supplied
> exclusively by Energis in partnership with MessageLabs.
>>
>> Please see
> http://www.gsi.gov.uk/main/notices/information/gsi-003-2002.pdf for
> further details.
>>
>> In case of problems, please call your organisational IT helpdesk
>
>
> ********************************************************************
> * This email is privileged, confidential and subject to copyright. *
> * Any unauthorised use or disclosure of its content is prohibited. *
> * The views expressed in this communication may not necessarily *
> * be the views held by Scottish Borders Council. *
> * Please be aware that any email sent or received by the Council *
> * may require to be disclosed by the Council under the provisions *
> * of the Freedom of Information (Scotland) Act 2002. *
> ********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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
> Any queries about sending or receiving message please send to the list owner
> [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|