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  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
  unopened email.
  Regards

  Alan

  Director
  IMTS
  Information Management Training Services Ltd
  4 Stanley Close
  Ravenshead
  Nottingham
  NG15 9GE
  Tel: 01623 400497 or
       07882 241908
  Web :- www.im-ts.co.uk
  Email:- [log in to unmask]


  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  
>> interview.
>>
>> 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
>> www.leevalleypark.org.uk<http://www.leevalleypark.org.uk/>
>> P please don't print this e-mail unless you really need to
>>
>>
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