The Stats What % of people have been reprimanded at work for an ill advised e-mail? What % of those had hit ‘reply all’ and insulted someone in error? Which sex makes the most e-mail gaffes?
A prize gaffe A telephone conversation (Nearly) an agreement The follow up e-mail The Law Society Red (or long faces?)
The Risks Reduced productivity Downloading of inappropriate material Disclosure of confidential information Viruses/Network Congestion Cyber bullying
The scary stuff… Cable & Wireless 24 suspended for ‘lewd racist and sexist jokes’ Royal & Sun Alliance 10 dismissed and 75 suspended for ‘sexually explicit emails involving Bart Simpson’ Norton Rose ‘sexually explicit email’ to 10 million computers Western Provident email states ‘Norwich Union in financial difficulties’ – damages £450,000
Alison Monica Halford Born 8 th May 1940 Age 22 joined the police Promoted to highest ranking female officer First female in charge of a police station Landmark EOC case
The Law The Human Rights Act 1998 Article 8 ‘right to privacy’ and ‘respect for family life’ Article 10 ‘right to freedom of expression’
Snappy regulations The Regulation of Investigatory Powers Act 2000 The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 Data Protection Act 1998
Accepted purposes Establish facts relevant to the business Ascertain compliance with regulatory practises Ascertain or demonstrate standards Prevent or detect crime Ensure the effective operation of the system Investigate or detect unauthorised use
Policies Why have an Electronic Communications Policy? To address risks & hazards of e-mail use: – Constructive dismissal – Discrimination, harassment and defamation – Intellectual Property issues – Contractual liability
What to put in your policy? Standards of conduct & performance Examples of proper & improper use Prohibition on chain e- mails & jokes Use must not breach policies on Equal Opps etc Email etiquette
What to put in your policy? Personal use - if permitted - to what extent Statement as to purposes of monitoring Type of monitoring to be carried out Subject access rights under Data Protection Act Retention and deletion policy Use of office phones, PDA’s Guidance on permitted blogging and social media
What to put in your policy? Training of managers about the Policy Supply policy documents /induction to new employees Up-dates on changes and regular refreshers
Case law Grant & another v Mitie Property Services UK Ltd 2009 McKinley v Secretary of State for Defence 2004 Robinson v Network IT Recruitment Ltd 2004
Statistics? Percentage of business- related internet useage in the work place? Percentage of companies who have dismissed for inappropriate internet useage? Of those dismissed, percentage for viewing porn?
A couple of random facts In 2002 the British Library suspended 9 Employees for viewing internet porn The British Library holds the largest collection of printed pornography in the world