Access to Email without Consent

Transformers

It is perfectly reasonable for an employer to want complete access to its electonic communication systems.

I'm struggling to understand why you feel it is inappropriate.

The rights to privacy are balanced (quite correctly) in a working environment against the needs of the business to prevent breaches in security etc.

The 'horse's mouth' for data privacy issues is the Information Commissioner and you should look at the 'Employment Practices Code' - a PDF document - on the ICO website.

In plainer English, you can look here:

http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/monitoring_at_work.htm#h_what_to_do_if_you_are_unhappy_with_monitoring_at_work

It says:

Monitoring electronic communications at work

Your employer can legally monitor your use of the phone, internet, e-mail or fax in the workplace if:

• the monitoring relates to the business
• the equipment being monitored is provided partly or wholly for work
• your employer has made all reasonable efforts to inform you that your communications will be monitored.

You should bear in mind that these circumstances cover almost every situation where your employer might want to monitor your electronic communications, except where the monitoring is for purely private or spiteful reasons.

sew109

Thank you transformers all I was after is to find out if this clause is enforceable I have done nothing and no one to my knowledge has looked at my emails nor would I really care if they did.

getmore4less

What some people don't realise is email was never designed to be private or secure and that has not changed.

email is a store and forward protocol, the content is not private or secure.

FBaby

To be fair on OP, I have heard of what he is referring to and indeed, I think there is some Europeen law around this but maybe it only relates to that particular country?

I have heard of it because a good friend of mine works for a French owned company in the UK and she mentioned something along the line of what OP is saying (can't remember the details, was not really interested!).

Transformers

sew109 wrote: »

Thank you transformers all I was after is to find out if this clause is enforceable I have done nothing and no one to my knowledge has looked at my emails nor would I really care if they did.

The information Commissioner is THE REGULATOR for data protection issues - I think you can take the content as being correctly based on current legislation.

As to the HRA, Article 8 is specifically intended to address STATE intrusion not petty squabbles with an employer.

Article 8: Right to privacy

(1) Everyone has the right to respect for his private and family life, his home and his correspondence.

(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Transformers

sew109 wrote: »

First of all this does not directly affect me I email personal at work but only from my Gmail.

I have been on several seminars where something similar to this has come up as the HRA includes the right to privacy and this includes email both for the sender and the recipient the fact that the company has supplied the equipment to do this on is irrelevant it supplies a desk for you to work at but cant easily film you there. What I want to know is if this policy is enforceable I don't think it is and online I can find sites that both agree and disagree with it.

If it is unreasonable for the employer to monitor as a matter of course then the contract would surly be unenforceable as the employee will feel that they are being pressured into giving up this right to get the job.

http://www.yourprivacy.co.uk/EmailPrivacyAtWork.html

BTW, that link is to a site where they can't even get the regulator's title right so I wouldn't be trusting that content without further research.

Maybe on your next 'seminar' you ask the trainers for more information. That way, you won't need to go away confused by what you heard.

Errata

Bottom line: unless you've been informed you can use company equipment and resources for personal 'stuff' - you can't.

Yorkie1

Nicki wrote: »

My understanding is that if a company tells you upfront that they monitor emails or can access your work email account than everything is fair game, because you have no legitimate expectation of privacy as you have been told in advance it is not private.

If they don't tell you upfront in advance, they can still check your inbox for work related emails but should not open and read emails which are clearly marked personal unless they have been flagged by a monitoring system as for example containing material which is against the AUP such as !!!!!!. This is because the public interest trumps your limited expectation of privacy.

Personal privacy rights do not attach at all to work related correspondence only to your genuinely private correspondence.

This is exactly what I was going to write (though mine would probably not have been as concise or comprehensible!).