Legalities with checking work emails
Legalities with checking work emails
Author
Discussion

Jamie.

Original Poster:

62 posts

245 months

Tuesday 19th January 2010
quotequote all
This isn't happening to me, merely a topic of conversation today which turned into who's right and who's wrong.

So you have a work based email e.g xxx@thecompanywhoIworkfor.co.uk or whatever and recieve emails for both personal and work related items.

Clearly the IT department can check all emails going in and out, I was just wondering if it's in any way illegal etc for them to check them without asking?

We were talking about applying for new jobs and this got brought up. Now, obviously I'm not asking if they can and whether or not you can prove it, just if it's acceptable, esp if it's addressed to you personally.

I said they should or could not check without asking, other members of staff said it was fine. As I thought it would come under the data protection act?


loltolhurst

1,994 posts

211 months

Tuesday 19th January 2010
quotequote all
if youve signed an acceptable use policy saying that emails are checked then they have every right. if not its a grey area.

UpTheIron

4,058 posts

295 months

Tuesday 19th January 2010
quotequote all
Work e-mail, work PC's, phones etc are not yours, they are tools provided for the employee to do their job. An employer can do what pretty much they want based on The Regulation of Investigatory Powers Act 2000 and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.

Chances are it is in either your terms and conditions or when you click 'OK' to ignore the message you never read just be you logon.

Why on earth would somebody be so stupid to look for a new job using work e-mail (or internet)?


Jamie.

Original Poster:

62 posts

245 months

Wednesday 20th January 2010
quotequote all
UpTheIron said:
Why on earth would somebody be so stupid to look for a new job using work e-mail (or internet)?
That's not what's happening we were discussing motives for why they would check.

Edited by Jamie. on Wednesday 20th January 18:24

TwistingMyMelon

6,494 posts

232 months

Wednesday 20th January 2010
quotequote all
Company dosent trust person sending/receiving, boss is nosey, IT staff are nosey, technical problems meaning it is necessary to read them tocheck . Not all morally right, but I'd say those were the reasons. or more sinisterly:

Company wants rid of employee and doesnt want to pay redundancy: Company goes through email, claims 10 personal emails a day is un acceptable, staf member bye bye out door.

Marcellus

7,202 posts

246 months

Wednesday 20th January 2010
quotequote all
Companies are also usually so scared of the legislation that they have to have a check signed off and counter signed before they do have a look.

Certainly the ones I worked for did, even just to pull someones internet usage!!

williamp

20,273 posts

300 months

Wednesday 20th January 2010
quotequote all
Jamie. said:
UpTheIron said:
Why on earth would somebody be so stupid to look for a new job using work e-mail (or internet)?
That's not what's happening we were discussing motives for why they would check.

Edited by Jamie. on Wednesday 20th January 18:24
There are a number of reasons why they would check. Ultimately its their IT equipment and their e-mail address, so yes they can have full access at any time. If you are doing personal stuff in work time or using work computer/e-mail address, you have to accept that they have every right to check. They dont need a motive, and dont have to justify it- if you have a problem, then use a persoanl e-mail address and a a personal computer

Sorry to be blunt, but its really as simple as that. I'm trying to think of an analogy, and the closest thing I can find is this: if you lent me your car for the weekend, you'd wnat to know where I'd been, at what speed and how many red lights I jumped. Or would you trust me to drive 1,000 miles in a weekend without breaking any laws (and denying any wrongdoing if it came to the crunch)?

Jamie.

Original Poster:

62 posts

245 months

Wednesday 20th January 2010
quotequote all
Lol, I think alot of people skim or speed read and end up writing incorrect points.

It was a topic of conversation, not what's happening. I was only asking if it's legal to check without asking, not that I am doing it or banging out personal emails.

Edited by Jamie. on Wednesday 20th January 22:10

Simbu

1,906 posts

201 months

Thursday 21st January 2010
quotequote all
I work in IT and in my experience, while i can get access to peoples' e-mail, unless there's a good reason to do so (person goes on holiday and manager needs their email because employee left loose ends) we don't bother. We're far to busy with more important things to be doing than sniff around peoples' email accounts!

That said, I never use work email for personal reasons, that's why i have a personal email account. If you're naive / stupid enough to use your work account for personal reasons then accept the risks you take!

In my experience the biggest risk isn't from bored IT staff snooping your inbox, but in the middle of presentations or having a discussion with someone at your desk, Outlook pops up in the corner with "Thanks your job application has been accepted", or "Thanks for renewing your subscription to Hustler magazine" hehe

ETA: Legally, my opinion is data on company hardware, presumably created on work time ought to be company property. However, alot of business's will have an IT policy outlining specifics so check it if you have one. Otherwise, ask the IT manager for clarification?

Edited by Simbu on Thursday 21st January 09:47

Soovy

35,829 posts

298 months

Thursday 21st January 2010
quotequote all
Jamie. said:
This isn't happening to me, merely a topic of conversation today which turned into who's right and who's wrong.

So you have a work based email e.g xxx@thecompanywhoIworkfor.co.uk or whatever and recieve emails for both personal and work related items.

Clearly the IT department can check all emails going in and out, I was just wondering if it's in any way illegal etc for them to check them without asking?

We were talking about applying for new jobs and this got brought up. Now, obviously I'm not asking if they can and whether or not you can prove it, just if it's acceptable, esp if it's addressed to you personally.

I said they should or could not check without asking, other members of staff said it was fine. As I thought it would come under the data protection act?
Not a grey area. They are ONE HUNDRED PERCENT entitled to monitor EVERYTHING as you are using THEIR system!

FFS!