Robert Collins wrote: > On Fri, 2005-02-18 at 07:22 +1100, Ben Donohue wrote: > >>Hi Slugs, >> >>Not exactly Linux questions but I've been asked by management to allow >>them to seretly read users emails and a few questions are poping up. >> >>What is the legal position on the ownership of emails between members of >>the company and betwen members and those outside the company? >>If such emails are owned by the company is management entitled to read >>users emails at their discression? >>If emails are owned by the company may management monitor users emials >>in real time, without prior warning from management? >>If individuals of the compamy have not been appraised of the policy, >>what is their legal standing in the company if they have not been >>appraised of the policy? >> >>etc. you get the drift. Any comments from the many sysadmins here? >>Ben > > > > You /* really */ need legal advice on this. From when I was > sysadminning, in Australia, emails are communications - and may be > private or public - private ones are no more owned by the company than a > letter from a pad on my desk to a friend of mine; and there is a strong > expectation of reasonable privacy in the workplace. Management are > absolutely not able entitled to read emails at their discretion : > consider a complaint to HR by an employee about their manager ... that > manager has no right to intercept that email! > > Having a policy about this helps, but if you policy is illegal, expect > to have the workplace relations folk on your arse with a 4x2. > > Rob >
One thing to consider is, does your company require the worker bees to sign Intellectual Property waivers / contracts? All your IP are belong to us. It can be very draconian. By agreeing to the one at where I work, I've basically given up all rights to everything I think, on or off the clock. This of course, extends to e-mail, making all my e-mail company property. (I have no idea just how enforceable this is. Oh yeah, IANAL, all disclaimers apply.)
smime.p7s
Description: S/MIME Cryptographic Signature
-- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
