Employees can misuse their email and internet technology. But what rights have employers to monitor them? John Cheney of Activis and Mark Symons of Pitmans report on a delicate balancing act.
Mark Symons: monitoring should be as unobtrusive as possible
Until very recently there was no law preventing an organisation from monitoring its employees’ email, internet or telephone use save for the implied obligation of mutual trust and confidence. However, two new pieces of legislation relate directly to the issue of monitoring.
The Human Rights Act 1998, which came into force on 2 October 2000, gives individuals, including employees, rights which may be used to question the legitimacy of monitoring.
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