I didn't suggest the Lawful Business Practice Regs were a solution, but they're going to be potentially relevant, so should be taken into account.
Jon Baines,
Chair,
nadpo.co.uk
> On 30 Aug 2017, at 11:45, Phil Bradshaw <[log in to unmask]> wrote:
>
> But need to be clear that the Lawful Business Practice Regs do not apply when one simply wishes to look at the email history e.g. to find unanswered new business emails, as this is not interception - the intended recipient is (usually) the business not the individual. Also not relevant if needs to find historical emails which are in effect business records - no interception for the reason above and also they have already been opened and read.
>
> Basic problem here appears to be a policy & communication deficiency. Policy should clearly alert staff to the fact that in their unexpected absence the mail account may need to be checked. If personal use is allowed staff should be warned to delete / remove personal stuff after reading. Teams which routinely use email as a default record store should plan for this issue in advance. My teams always provided delegate access ...
>
> If there is a clear business need to provide access, it should be provided. Sometimes sensible to use a buffer however, not the line manager, who can ensure access to the CONTENT is on a need to know basis.
>
> See the Supplement to Employment Code. All of section 3.2 but in particular at 3.2.10 "workers should be aware that communications addressed to them will be opened in their absence". Policy training and guidance SHOULD reflect this.
>
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