One of the problems with checking web logs for inappropriate access to images is that in general this will only find references to static web pages from obviously inappropriate sites.  Illicit images are increasingly transferred by other means; on the web this could be using social networking or picture storage sites.  Furthermore, there are plenty of non-web internet ways of transferring images such as MSN, IRC and even ftp.  Encryption can be also used to hide the nature of what is being transferred.  On top of this, bringing in images a memory stick or DVD is also possible.



It might be that all of these other possibilities are already covered in one way or another.  However, if they are not and you had justification to check logs in the first place, and the logs do not cover other ways of transferring images I would have thought that a wider search may have some justification.



Chris Bayliss



-----Original Message-----

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Graham Wilford

Sent: 29 March 2011 08:47

To: [log in to unmask]

Subject: Does Police charging an individual (holding inappropriate images) provide sufficient right for an employer to investigate their electronic accounts and desk space?



Hi,



Police have charged a current employee of Company A with having inappropriate images on his home laptop.



Police have not deemed it necessary to examine his work environment (no reason given).



Company A HR people now want to check his work electronic environment and his desk space on the back of the police investigation, arguing that this is sufficient to prompt an internal investigation.  Person has been charged but no plea entered.  We have checked the persons web logs and there is no evidence of inappropriate access (although we do have monitoring and access policies in place).



Reasonable and proportionate spring to mind as does DPA and HRA.



My inclination is to advise that such action is unwarranted at this stage and the data subject may take action - and be successful.  Reason for this is the Police lack of interest in the work environment and no plea yet entered as well as no actual evidence to suspect.  I would reckon that the police would want to investigate the work environment should there be any chance of the net being made wider.



Do we say yes to HR and investigate or hold pending a plea, further police action or decision of the court?



We do have an AUP which provides the right to monitor.



Views appreciated



Graham



^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

     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 messages please send to the list owner

              [log in to unmask]

  Full help Desk - please email [log in to unmask] describing your needs

        To receive these emails in HTML format send the command:

         SET data-protection HTML to [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 messages please send to the list owner

              [log in to unmask]

  Full help Desk - please email [log in to unmask] describing your needs

        To receive these emails in HTML format send the command:

         SET data-protection HTML to [log in to unmask]

   (all commands go to [log in to unmask] not the list please)

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^