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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