Explicit consent would seem not to be required to monitor Emails, only
advanced notice of monitoring: See Extract from government issued
guidelines:
Human rights in the workplace
Many of the principles of the Human Rights Act are designed to protect
you as a worker within the workplace.
For example, you have the right to a private and family life. So an
employer who discriminates against a gay worker, for example, may be
violating that worker's right to a private life.
Your employer has the right to monitor communications within the
workplace as long as you're aware of the monitoring before it takes
place. Monitoring can cover:
emails
internet access
telephone calls
data
images
Full data:
http://www.direct.gov.uk/Employment/Employees/DiscriminationAtWork/Discr
iminationAtWorkArticles/fs/en?CONTENT_ID=10026574&chk=Ue186k
David Blewitt
Risk & Records Manager
Tyne Metoropolitan College
-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Suzy Taylor
Sent: 23 May 2006 13:04
To: [log in to unmask]
Subject: Re: Privacy of Emails / Telephone calls etc
I was always given to understand that if an institution permitted
employees to use its e-mail system for personal use that there was an
expectation of privacy that emanated from the Human Rights Act. In this
case an organisation cannot carry out systematic monitoring without
explicit consent.
It is because of this and many other issues that I hate writing and
implementing e-mail policies. I wonder how many of us work in
organisations that don't allow personal use of e-mail? Is it better?
Regards to all
Suzy
Suzy Taylor
Records Manager
New College Durham
Framwellgate Moor
Durham
DH1 5ES
Tel: 0191 375 4422
E-mail: [log in to unmask]
>>> Wisener Joseph <[log in to unmask]> 05/23/06 12:02pm >>>
If Local Authorities are subject to the provisions of the Public Records
Act or the FoI Act then all material received or generated by the
authority is subject to FoI request and is potentially discoverable -
email by its nature is a communication device not a storage device - it
is also subject to the rules of the organisation which is independent of
its employees - employees may have the privilege to use email for
'personal' communication, but this does not imply 'Human Rights' to
privacy as the organisation is liable for prosecution for the content of
the system - there is no human right to employer based systems of
communication established for the purposes of conducting the
organisations business - regards Joseph
Joseph Wisener BA Hon's Info Sci
CAA EDRM System Manager
01293 573962
[log in to unmask] <mailto:[log in to unmask]>
-----Original Message-----
From: Chell, Robert [mailto:[log in to unmask]]
Sent: 23 May 2006 11:47
To: [log in to unmask]
Subject: Re: Privacy of Emails / Telephone calls etc
Can I just widen this discussion out a bit further.
Whilst we would all support the fact that email should be dealt with and
captured into a records system if it is a record, what about those
emails that remain in inboxes, or are filed in personal folders and will
probably never be captured or declared as records, but should be
regularly deleted. These are presumably the focus of the concern of
employers' monitoring.
My concern is how far these emails are discoverable under FOI. They are
certainly held by the Authority, but are they information that, if
requested as part of an FOI request, should be disclosed?
If there is no policy on capturing emails as records, is there any
justification in refusing a request when both "record" and "non-record"
information is held in the same record keeping system (the email
system).
Robert Chell
Records Manager
Clerk to the Council
Room 111, County Hall
CARDIFF CF10 4UW
* [log in to unmask] <mailto:[log in to unmask]>
* 02 920 873327
_____
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Julie Gibbs
Sent: 23 May 2006 09:58
To: [log in to unmask]
Subject: Re: Privacy of Emails / Telephone calls etc
Roger
You will find the Information Commissioner's Employment Codes of
Practice here. They are free to download or acquire hard copies and it
would be well worth suggesting someone in your company reads them. Part
3 is specifically about Data Protection and Monitoring at Work.
http://www.ico.gov.uk/eventual.aspx?id=437
<http://www.ico.gov.uk/eventual.aspx?id=437>
Julie Gibbs
Information Officer
Crewe & Nantwich Borough Council
_____
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Gajadhar,
Roger
Sent: 23 May 2006 09:09
To: [log in to unmask]
Subject: Privacy of Emails / Telephone calls etc
I would like to get your views on the following, I was sure that there
was an EU Directive guiding this
Our company had just implemented an It Usage Policy and as part of the
monitoring process for this policy they specifically state that they
will be
1 randomly opening employees Emails or listening to their voice
messages
2 Using automated checking software to collect information about
employees#
3 Examining logs of websites visited.
4 Keeping records of telephone calls, also listening to some of the
conversation.
the important thing to note is that it specifically states that this
will be done without the employees prior approval and or knowledge.
Your thoughts please
Roger Gajadhar
London Region Records Manager
DAVIS LANGDON LLP
MidCity Place
71 High Holborn
London
WC1V 6QS
Main Tel: +44 (0) 20 7061 7000
Direct Tel: +44 (0) 20 7061 7626
Fax: +44 (0) 870 048 6303
Email: roger.gajadhar <mailto:*@davislangdon.com> @davislangdon.com
Web: <http://www.davislangdon.com/> www.davislangdon.com
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