>To: Article Submission Topica Newsletter <[EMAIL PROTECTED]> >From: "Graham Crabtree/ C.E.G. Ltd." <[EMAIL PROTECTED]> >Subject: British e-mail law shelved / By Jean Eaglesham, Legal >Correspondent/ Source: Fi >Date: Fri, 25 Aug 2000 03:52:23 -0700 >Reply-To: [EMAIL PROTECTED] >X-Topica-Loop: 1300010620 >X-Mailer: Microsoft Outlook Express 5.00.2314.1300 > >The British government on Thursday abandoned its attempt to rush through >rules on employers' monitoring of employees' e-mails ahead of the October 2 >introduction of the Human Rights Act in the face of ferocious industry >criticism. >The Home Office has been adamant the Regulation of Investigatory Powers Act >governing e-mail and phone snooping must be in force by October 2. >The existing surveillance regime has already failed a human rights challenge >in the European Court of Human Rights, and Jack Straw, the home secretary, >is keen to avoid similar challenges being mounted successfully against >government departments and other public sector employers under the landmark >new rights act. >But the Department of Trade and Industry has been rocked by the extent of >industry criticism of its proposed rules on business monitoring of e-mails. >A leading industry group will on Friday warn that the rules as drafted could >force companies to ban staff from sending any personal e-mails. >The DTI on Thursday agreed to a three-week extension to the consultation >period on the proposed rules, originally due to end on Friday. >The rules will now come into force on October 24. >Industry strongly welcomed the time this will allow to discuss the radical >changes they think need to be made. >But lawyers warned that the move leaves many employers - particularly in the >public sector, where there is a direct duty to abide by the Human Rights >Act - vulnerable to being sued for breaching employees' rights to privacy. >"Public authorities are open to a human rights challenge during the hiatus," >said Nick Buckley of Taylor Joynson Garrett, the law firm. >The Home Office said last night it "was aware [the delay] could have a >possible knock-on effect on public authorities but it was felt that the >balance [of merit] lay in allowing more time to receive industry views on >this important issue". >It added that public authorities had been advised of the risk of a human >rights challenge. >The Alliance for Electronic Business, which includes the Confederation of >British Industry, the employers' organisation, will condemn the government's >approach on Friday in its response to the DTI's consultation paper as being >"totally impractical and indeed impossible" to comply with. >The draft rules would "deny businesses day-to-day access to their own >correspondence when conducted electronically by means of e-mail or voice >mail". >"We find it hard to believe that the government intends the [RIP] Act and >regulations to have this startling consequence". >The proposed rules require companies to get the consent of both the sender >and receiver of e-mails and other messages, for any monitoring by an >employer. > > > >Graham Crabtree >Director > >Unless an e-mail message is encrypted it can be intercepted/read at any >point/node in transit. >For this reason suggest that you encrypt your messages. PGP is Preferred. >We use version 6.5.1. >Go to http://www.pgpi.org, select download wizard, international version at >the appropriate points - the non-commercial version is free. >Then send a request for our public key > >The information in this e-mail & any attachment is confidential. It may be >subject to client-attorney privilege or otherwise legally protected and is >for the addressee's use only. If you aren't the intended recipient, please >let us know immediately and delete it from your computer/system; you >shouldn't copy the message or disclose its contents to anyone. This >entity/author accepts no legal responsibility for the contents of this >message. We take reasonable precautions to ensure that any attachment is >swept for viruses but accept no liability for damage sustained as a result >of any viruses. Thank you. > >___________________________________________________________ >T O P I C A The Email You Want. http://www.topica.com/t/16 >Newsletters, Tips and Discussions on Your Favorite Topics
