On Tue, 20 Mar 2001, Gerard J Keating wrote:
> Yes, but you do NOT have the right to send/receive private emails
> or phone calls via your employeers communications equipement. Your
> employer _may_ grant us the usage of the equipment, but it is not
> a right.
actually.. no.
According to EU law, employees probably /do/ have a right. :)
indeed the uk dataprotection site is recc'ding that best practice in
light of recent EHCR developments that:
- employers should allow personal email
- employers should promote use of webmail for employees personal use.
>> They must inform you that said phone/email is monitored,
no, they must get you to /agree/ to being monitored and make sure that
you are aware of it.
> and they
> can also claim ownership/copyright or any emails authored using
> their equipment.
no, they can't. not if it was a personal email or phone call.
> Privacy can only exist where the is an expectation of privacy,
exactly. And EU law and precedent mandates that we /do/ have a right
to privacy. Therefore we /may/ expect it.
i certainly expect it, and i'm backed up by EU law. If you do not
expect privacy fine.. but that's you.
> Unless the employer grants the employee the right to place data on
> the companies network, they all data on the network falls into two
> categories.
>> 1) The companies Data
> 2) Unauthorised Data.
>
no.
honestly... go research it.
> They company has a right to police the network for unauthorised
> data. They _might_ not have the right to view such data, but they
> have the right to remove it without notice from the companies
> network.
remove? data here is all-encomposing -> email, irc, etc...
Anyway... don't believe me (good advice that, cause i tend to be wrong
a lot), go research it for yourself. The belief you have of data
protection and privacy seems to me very US centric, and i think you'll
be very surprised how different the EU reality is. The truth is that
EU law leans /heavily/ towards the right of the individual and their
privacy.
go look on the web, there's a mountain of information available
through google.
--paulj
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