Don't forget the decision in the ECHR ( Nokia v Republic de
France[1998 I think]) where an employee is alowed a "reasonable"
amout of private use of an employers internet regardless of any
conditions and also RIPA Part 1 (S1) prohibiting interception of an
Information Management Training Services Ltd
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Quoting "Ward, Ciaran" <[log in to unmask]>:
> A tricky scenario:
> A part time secretary works at a solicitors firm one day per week.
>> Her manager is using the computer on which she is working and
>> notices an open Hotmail account. One document in her Hotmail is
>> entitled 'Compromise Agreement'. Her manager (a lawyer) gets
>> suspicious and opens it as a compromise agreement is a document
>> whereby an employer and employee agree terms to terminate employment.
>> At interview when asked why she had left her previous employer she
>> says that she was covering maternity leave before the previous
>> employee returned. This turns out to be a lie, as evidenced by the
>> e-mail. As a result her manager writes to her and explains that
>> they could not employ her as she was not entirely truthful at
>> She then protests, bleating on about data protection.
>> My take on the situation:
>> Although technically, her manager was not entitled to view her
>> personal e-mail under the DPA, the fact stands that she had been
>> untruthful at the interview, and therefore they are entitled to
>> dismiss her - regardless of how they found out. As far as I'm
>> aware there is no contract term about the use of personal e-mail at
>> work, since this is a small firm of 2 partners and about 3 employees.
>> Would appreciate any further comments on this.
>> Ciaran Ward - Information Officer
>> Direct: 01992 709819
>> Lee Valley Regional Park Authority
>> Myddelton House, Bulls Cross, Enfield, Middlesex, EN2 9HG
>> Tel: 01992 717711 Fax: 01992 709922
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