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How should companies manage reasonable use of private email and Internet searches by employees at work? When might these policies breach an employment contract? Can an employer read staff emails and what is the law on email surveillance?
This new report from IT/ecommerce legal expert Susan Singleton focuses on the employment issue of email and Internet use in the office - arguably the most important and universally applicable part of Internet law.
Know the law and save legal costs. Checklists and real-life examples illustrate how to comply with the Human Rights Act (1998), the Data Protection Act (1998) and the new code of practice for employers, as well as the Regulation of Investigatory Powers Act 2000 and the business practice regulations made under it.
1: E-MAIL AND INTERNET POLICIES The use of e-mail and the Internet at work The cost of the Internet at work Introducing an e-mail policy Further information
2: CHECKING UP Privacy laws and surveillance Checking e-mails whilst people are on holiday Human Rights Act 1998
Consent or notification?
The TUC proposals US case report – Gina Tiberino v. Spokane County How would things differ in English law?
Monitoring in practice Example – Injunction against a cyberstalker Surveillance Further information
3: NOTICES AND LIABILITIES The Companies Act 1985 and Business Names Act 1985
Liability for employers E-Commerce Directive Further information
4: SACKING STAFF Examples of sackings for Internet abuse Conclusion Further information
5: DATA PROTECTION ISSUES AND E-MAIL Unsolicited e-mails Data protection and access to information in e-mails Making assessments Third party data and human rights Other Section 7 rights The Commissioner’s enforcement policy Further information
6: ELECTRONIC SIGNATURES AND EMPLOYEES Authority to sign A frolic of their own Example Electronic Communications Act 2000
The role of Oftel Further information
APPENDIX: SAMPLE E-MAIL AND INTERNET POLICY FOR EMPLOYEES
2. Using the Internet at work
3. Using the Internet for personal purposes
4. Use of e-mail
7. Trade marks, links and data protection