Re: Email disclaimers and RIPA

[Richard Clayton <[EMAIL PROTECTED]>]

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In article <[EMAIL PROTECTED]>, Dave Howe <[EMAIL PROTECTED]>
writes

>Owen Lewis wrote:
>> Note really, I think. Expectation of privacy on mail received/sent on an
>> employer's system should be, quite reasonably, very modest. Employer can
>> copper bottom by stating what is done, even in the contract of employment, I
>> think.
>My (now former) employer's lawyer disagreed - said that without an 
>explicit declaration to the worker, it would depend on the judge you got 
>if they sued - that's why there was a clear statement in the T&C that 

If you go back and read the Regulations you'll see that it requires
reasonable efforts to inform those affected. It is generally held that
this means that there's a difference between the hoops to be jumped
through for recording customers and those to be jumped through for
recording staff ...

... you can get away with random efforts to inform customers (eg the
boilerplate on many emails). You should explicitly tell staff -- because
you're bound to know who they are, hence it is falling well short to
fail to tell them.

It is also important to note that the Lawful Business Practice
Regulations are to do with how to avoid committing an offence under RIP.

You will probably wish to avoid committing other offences under other
Acts, so anyone considering monitoring should be reading the Information
Commissioner's material as well:

<URL:http://ico-cms.amaze.co.uk/DocumentUploads/employment%20practices%2
0data%20protection%20code%203%20monitoring%20at%20work.pdf>

- -- 
richard                                              Richard Clayton

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety.         Benjamin Franklin

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