Date: Fri, 20 Jul 2001 21:51:14 -0400
From: freematt@coil.com (Matthew Gaylor)
Subject: UK: The limits to snooping by Wendy Brewer
To: freematt@coil.com (Matthew Gaylor)


http://www.pcadvisor.co.uk/news/display_news.cfm?NewsID=1341

Saturday, 21 July 2001  

Special Report: The limits to snooping
by Wendy Brewer

Friday, July 20 2001

After a heated debate over the law surrounding employers' rights to 
monitor company emails, hosted last month by the International 
Commissioner's Office (ICO), a final draft code is now being penned 
in a bid to simplify employers' positions.

The current complex web of seemingly contradictory laws includes the 
Electronic Communications Act, which lets employers monitor 
employees' emails without their consent and the Human Rights Act, 
which codifies a person's rights to privacy in the workplace and to 
private correspondence.

The conflict between an employee's right to privacy and an employer's 
right to 'spy' on company emails remains a contentiousissue and, to 
make matters even more complicated, the law surrounding each area can 
be ambiguous and confusing.

The ICO's initial draft Internet and Email Usage Code, made available 
for debate at the end of June, offers employers a set of 
non-mandatory guidelines aimed at clarifying their legal position and 
ironing out contradictions in the current law. The ICO is an 
independent supervisory body for data protection.

"The code is similar to the highway code," said David Smith, the 
ICO's assistant informationcommissioner. "It lays down how employers 
should act under the law. Of course they may tackle the issues in 
different ways to our recommendations but must meet the [criteria] of 
the law."

But during the debate, some attendees criticised the draft, even the 
ICO's Smith branded the code "over-complex and difficult to follow".

"Some people felt the code was making the [existing] laws more 
complicated and that it may extend confusion," said Maitland Kalton, 
head of internet law firm Kaltons. He said the lack of publicity 
surrounding this area means employers don't know where they stand.

Surprisingly even he as a lawyer recognised taking extra advice can 
lead to unnecessary costs. But ignorance of the law means most 
employers risk fines as well as complaints from employees.

[...]


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