The privacy commissioner is a good place to start,


http://www.privacy.gov.au/internet/email/index.html



On 19/02/2005, at 11:21 AM, Keith Hopkins wrote:


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.)


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