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Subject:
email privacy
Category: Computers Asked by: suzi2005-ga List Price: $5.00 |
Posted:
01 Apr 2003 01:20 PST
Expires: 01 May 2003 02:20 PDT Question ID: 184141 |
What is the current uk law concerning the the privacy of externally sent private emails to private persons working at a uk bank |
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Subject:
Re: email privacy
Answered By: answerfinder-ga on 01 Apr 2003 03:37 PST Rated: ![]() |
Dear suzi2005-ga The legislation relating to emails in the workplace is covered by a number of statutes and codes and is still in its early stages as regards to case law. There are suggestions that appeals may be made by the Trade Unions under the Human Rights Act. The Regulation of Investigatory Powers Act 2000 (RIPA) Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (LBP Regulations.) Article 8 of the Human Rights Act 1998 Data Protection Act 1998 The Employment Practices Data Protection Code - Monitoring at work: an employer's guide RIPA and the LBP Regulations specify the circumstances in which interception of communications can take place lawfully (see below). An interception of communications that does not come within the exceptions in the LBP Regulations or in RIPA itself is against the law. Personal e-mails are still private but an employer has the right to read down the message. They must stop reading immediately they realise the message is private. If personal data is collected it must be dealt with lawfully under the Data Protection Act. The Human Rights Act and RIPA indicate that prior warning must be given to an employee that their communications will be intercepted, otherwise they may be in breach of these two acts. Most employers are being urged to create a policy document fully setting out how they will deal with communications by their staff and each employer signs it consenting to monitoring. The LBP Regulations state that communications may be monitored without consent : "a. To establish the existence of facts relevant to the business. Example - recording the terms of a contract entered into by way of electronic mail or telephone conversation. b. To ascertain compliance with regulatory or self-regulatory practices or procedures relevant to the business. Example - monitoring in order to ensure that the employer's business is complying with external or internal regulatory rules (financial services /insurance industry). c. To demonstrate standards which should be achieved by employees. Example - this may include monitoring for quality control or staff training purposes. d. To prevent or detect crime. Example - monitoring for fraud. e. To investigate the unauthorised use of telecommunication systems. Example - ensuring that employees do not breach company rules on the use of email or telephone calls (e.g. international/personal telephone calls without employer's consent). f. To ensure the effective operation of the system. Example - to check for viruses. g. Determining whether or not communications are relevant to the business. Example - opening email accounts in order to access business communications when a particular member of staff is absent due to illness. h. Monitoring communications to a confidential anonymous counseling or support help line. Example - monitoring calls to confidential help lines in order to protect or support help line staff." This extract was from a guide to the legislation written by a solicitor and I recommend you read it http://www.clickforcare.co.uk/members/m_news/coreissues/1201gss001.htm Another advice sheet is on this link http://www.freshfields.com/practice/finserve/publications/23624.pdf The Employment Practices Data Protection Code - Monitoring at work: an employer's guide, latest version is dated 27th August 2002 by The Data Protection Act Commissioner. It is still in consultation stage but you may find pages 38 - 40 useful as they contain a discussion and a flow chart. http://www.dataprotection.gov.uk/dpr/dpdoc.nsf/ed1e7ff5aa6def30802566360045bf4d/bd40bb11f58713a580256bf00055673a/$FILE/3+monitoring.pdf The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 http://www.legislation.hmso.gov.uk/si/si2000/20002699.htm Regulation of Investigatory Powers Act 2000 http://www.legislation.hmso.gov.uk/acts/acts2000/20000023.htm Human Rights Act 1998 http://www.hmso.gov.uk/acts/acts1998/19980042.htm I hope this answers your question. If it does not, or the answer is unclear, then please ask for clarification of this research before rating the answer. I shall respond to the clarification request as soon as I receive it. Thank you answerfinder Search strategy monitoring emails employees guide ://www.google.com/search?q=monitoring+emails+employees+guide&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=0&sa=N "Lawful Business Practice" emails ://www.google.com/search?q=%22Lawful+Business+Practice%22+emails&hl=en&lr=&ie=UTF-8&oe=UTF-8 | |
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suzi2005-ga
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Subject:
Re: email privacy
From: protoprogrammer-ga on 01 Apr 2003 17:49 PST |
As a technical matter, never assume email is private. No matter what laws are in place, anyone that can intercept network traffic can read your email! An email is not a letter, it is a postcard, and the "mailman" can read it. If you truly need privacy, either use encryption, or do not use email |
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