<?xml version="1.0" encoding="UTF-8"?>
<!--Generated by Squarespace Site Server v5.0.0 (http://www.squarespace.com/) on Fri, 29 Aug 2008 07:27:09 GMT--><feed xmlns="http://www.w3.org/2005/Atom" xmlns:dc="http://purl.org/dc/elements/1.1/"><title>Fergus O'Rourke</title><subtitle>Data Protection Notes</subtitle><id>http://www.irish-lawyer.com/data-protection-notes/</id><link rel="alternate" type="application/xhtml+xml" href="http://www.irish-lawyer.com/data-protection-notes/"/><link rel="self" type="application/atom+xml" href="http://www.irish-lawyer.com/data-protection-notes/atom.xml"/><updated>2008-05-19T19:51:03Z</updated><generator uri="http://www.squarespace.com/" version="Squarespace Site Server v5.0.0 (http://www.squarespace.com/)">Squarespace</generator><entry><title>The Merrill Lynch (Dublin) story</title><id>http://www.irish-lawyer.com/data-protection-notes/2006/6/25/the-merrill-lynch-dublin-story.html</id><link rel="alternate" type="text/html" href="http://www.irish-lawyer.com/data-protection-notes/2006/6/25/the-merrill-lynch-dublin-story.html"/><author><name>Fergus O'Rourke</name></author><published>2006-06-25T14:05:59Z</published><updated>2006-06-25T14:05:59Z</updated><content type="html" xml:lang="en-IE"><![CDATA[<p>Employees of the Thundering Herd have become ex-employees this week, reportedly because&nbsp;they transmitted pornography using their employer's computers. As time goes by, we may learn that the truth is&nbsp;less clear-cut - that's been my experience of following this kind of story, anyway.&nbsp;</p><p>In the wake of the story, some nonsense&nbsp;is being spewed on the broadcast media by people calling themselves experts.</p><p>Despite&nbsp;what they say,</p><p>* you do not lose your privacy and data protection rights just because you are an employee;</p><p>* any limitation of the employee&rsquo;s right to privacy should be proportionate to the likely damage to the employer&rsquo;s legitimate interests;</p><p>* employees should be notified of the nature, extent and purposes of the monitoring specified in the policy;</p><p>*&nbsp;employees may be assumed to have a reasonable expectation of privacy in the workplace;</p><p>*&nbsp;the legitimate interests of the employer - to process personal data that is necessary for the normal development of the employment relationship and the &nbsp;&nbsp;business operation - justify certain limitations to the privacy of individuals at the workplace. However, these interests cannot take precedence over the&nbsp;&nbsp;principles of data protection, including the requirement for transparency, fair and lawful processing of data and the need to ensure that any encroachment&nbsp;on an employee&rsquo;s privacy is fair and proportionate;&nbsp;</p><p>* monitoring, including employees&rsquo; email or internet usage, surveillance by camera, video cameras or location data must comply with the transparency requirements of data protection law;</p><p>* Staff must be informed of the existence of the surveillance, and also the purposes for which personal data are to be&nbsp;processed;</p><p>*&nbsp; Only&nbsp; in exceptional circumstances associated with a criminal investigation, and in consultation with the police,&nbsp;&nbsp;should resort be made to covert surveillance;</p><p>* Monitoring and surveillance whether in terms of email use, internet use, video cameras or location data are subject to data protection requirements;</p><p>* At a very minimum, staff should be aware of what the employer is collecting on them (directly or from other sources). Staff have a right of access to their&nbsp;data under section 4 of the Data Protection Acts;</p><p>*Any personal data processed in the course of monitoring must be adequate, relevant and not excessive and not retained for longer than necessary for the &nbsp;&nbsp;purpose for which the monitoring is justified.</p><p>The above statements do not all have the formal force of law, but they represent the legal position in Ireland, in my view.</p><p>Also in my view, the tendency of employers to believe otherwise and of employees to accept it, is a threat to civilised standards of behaviour,&nbsp;and a&nbsp;more egregious threat&nbsp;than that posed by a young man while at his place of work passing on by e-mail a &quot;blue&quot; joke to another young man .</p>]]></content></entry></feed>