[Gllug] OT Freedom

[Doug Winter]

On Thu 20 Feb George F. Saxby wrote:
> I know this is OT but this list I know from experience is very freedom
> & in particular data freedom aware.
>
> I was attending a meeting @ lunch time where a union rep stated that
> he was not allowed to use e-mail as part of his union activity within
> his employers intranet.  For instance he had to hand out a leaflet to
> make people aware of the meeting we were in as he could not bulk
> e-mail his fellow member within his own firm. Also that when he did
> try his mail was filtered or bounced.

There are a few issues here.

First, statutory law, in the imposing form of the "The
Telecommunications (Lawful Business Practice) (Interception of
Communications) Regulations 2000"[1].  This is a Statutory Instrument,
and gains it's powers from the Regulation of Investigatory Powers Act
2000.

This basically states that, as long as the employer makes it known (in
any way they like, pretty much), an employer can do what it wants with
email, phones, faxes and anything else it wants.  This certainly extends
to monitoring and filtering email.

This Statutory Instrument was challenged in court under the Human Rights
Act.  I haven't been able to find the case itself but, from what I
remember, the courts upheld the principle that you have an absolute
right to privacy, even in the workplace.  

It should be born in mind that a UK Court cannot overturn an Act of
Parliament, they can merely note that it is in violation of the Human
Rights Act.  So, the law stands.

However, there is another issue - that this was Trades Union
communication.  I believe, although IANAL etc, that Trades Unions have
specific protection under the law, and that a court might well find that
Union communications were privileged (assuming the Union is recognised).

Anyway, I'd suggest your Union rep. contact a lawyer, as they'll know a
damn site more about this than some random people on a mailing list :)

Cheers,

Doug.

[1] http://www.hmso.gov.uk/si/si2000/20002699.htm

-- 
http://www.britishsteal.com                             doug at pigeonhold.com
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