By Susan Singleton
The possibilities of unwittingly breaking the legislations are better than you think that: breaches of confidentiality, infringement of rights, defamation, breach of copyright. With a coherent e mail and interent coverage and correct strategies in position, you could reduce harm and the chance of pricy wrongful dismissal claims.
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Extra resources for E-Mail--Legal Issues, Second Edition
Information which may assist the data controller might include: • the fact that the data may be held in the form of e-mails; • the names of the authors and recipients of the messages; • The subjects of the e-mails; • the dates or range of dates upon which the messages have been sent; • whether it is believed that e-mails are held as ‘live’ data or in archived or back-up form; and • any other information which may assist the data controller in locating the data. In making an assessment, the Commissioner has to take a view on whether the data subject has failed to provide information that the data controller reasonably needs to narrow down the search.
It also looks at the guidance given by the Information Commissioner on e-mails and subject access rights under the DPA. In addition reference should be made to the general Legal Guidance of the Information Commissioner under the DPA issued in October 2001. Unsolicited e-mails – The Privacy and Electronic Communications (EC Directive) Regulations 2003 Since 10th December 2003 the Privacy and Electronic Communications (EC Directive) Regulations 2003 have set out strict rules on e-mail marketing and some other forms of marketing.
The company simply said ‘We are investigating e-mail misuse and this has had to involve disciplinary action against a number of employees’. Cable & Wireless and Orange Six employees from the Birmingham office of Cable & Wireless have lost their jobs for alleged ‘misuse’ of e-mail. Cable & Wireless issued a statement claiming it has a clear policy on the use of e-mail in the office and this is regularly communicated to employees. ‘The company will not tolerate the use of company communications tools to carry or download any defamatory, discriminatory, offensive or obscene material.