[laperuzdfhami]

Are there any laws in place protecting a user from monitoring without being told, I know someone who suspects another person in the office who is in sales but has a bit to do with IT is monitoring all emails, through conversations had he knows things that he shouldn't know and keeps saying things like "Carefull, I know a lot more than you think" and he's told one of the guys to be carefull when using email and only use hotmail for personal use.

Now I always thought that if a company is monitoring communications the employes have to be informed this is happening, it seems a bit impersonal to me that some random pleb in the office is monitoring everyones emails and from what I understand he's the biggest abuser of it as well as hundreds of personal calls from his company mobile phone.

Can anyone point me to some clear information regarding this.

Cheers

[Terinalo]

First step check your own contract, see if there is anything in there about monitoring emails etc.

If not, then yes, an employer has a responsibility to inform you - however the practical approach for any employee is to always assume that the emails you send from your work will / could be read.

[laperuzdfhami]

First step check your own contract, see if there is anything in there about monitoring emails etc.

If not, then yes, an employer has a responsibility to inform you - however the practical approach for any employee is to always assume that the emails you send from your work will / could be read.

It says in the contract that email is for business use only but mentions nothing about monitoring of any communications, it's not the fact that they are monitored it's more anoying that the guy doing the monitoring is kind of throwing it in the other staffs faces in a "Nah Nah, I know things about you" way, which would madly vex me and I'd look for some legal information to say, if you are monitoring communications your breaking the law.

Cheers

[lopezsokero]

Not sure about the U.K., but in the U.S. its legal.

[shodulsilfeli]

Not sure about the U.K., but in the U.S. its legal.

Yes I think it's perfectly legal. It's their system you work for them.

[laperuzdfhami]

Yes I think it's perfectly legal. It's their system you work for them.

It's still a form of communication, I thought any forms of communications couldn't be monitored if the user wasn't aware it was being monitored, any monitoring done needs to be in the contract as it is a term of your employment that your communications may be monitored.

Maybe not but i'm sure I heard something similar to this, even if not I'm pretty sure the person doing the monitoring shouldnt be rubbing in the fact that they're viewing personal communications

[laperuzdfhami]

it seems, under the data protections act (UK) that an employer can monitor employees but they have to make the employee aware that they are being monitored and under no circumstances can an employer open or monitor personal communications as it would breach privacy laws that extend to any form of personal communication either at home or in the work place, if an employer does open an email that is found to be personal they should close it immediately without reading on.

If an employer wants to monitor any communications and has no acceptable use policy the employee has to be notified with an acceptable reason why their communications are being monitored.

If an employer acts on a matter found through monitoring of personal communications and an employee is disciplined/dismissed the employer could find themselves being sued for breach of privacy laws or unfair dismisal even though the employer has stated a no personal communications policy he still cannot monitor or act on your personal communications.

Secret monitoring should never be carried out unless there are grounds for suspecting criminal activity.

[shodulsilfeli]

it seems, under the data protections act (UK) that an employer can monitor employees but they have to make the employee aware that they are being monitored and under no circumstances can an employer open or monitor personal communications as it would breach privacy laws that extend to any form of personal communication either at home or in the work place, if an employer does open an email that is found to be personal they should close it immediately without reading on.

Well there you go then. I'd either escalate it with management or fill out a subject access request/disclosure form. In fact get everyone who is bothered by this guy to make a request. It costs £10 each but it makes a point and looks pretty bad for the company. Then if they didn't know this prick was monitoring e-mails he'll really be in the ****.