HL Deb 05 February 2001 vol 621 cc87-8WA
The Earl of Northesk

asked Her Majesty's Government:

What their response is to the recent survey by Klegal, the legal arm of KPMG, that 20 per cent of United Kingdom employers are breaking the law by secretly monitoring e-mails without informing their staff. [HL417]

The Minister for Science, Department of Trade and Industry (Lord Sainsbury of Turville)

Although the K-legal survey on employee Internet and e-mail usage has yet to be published in its final form, a press release announcing the main findings mentions that 20 per cent of respondents are monitoring Internet and e-mail usage without employees being aware that this may take place.

The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, which came into force on 24 October 2000, ensure that businesses do not infringe the Regulation of Investigatory Powers Act 2000 if they intercept communications without the consent of the sender or recipient for the purpose of monitoring or recording them for legitimate business purposes, which are limited and specified by the regulations. Businesses which take advantage of the regulations must make all reasonable efforts to inform the users of their systems that their communications may or will be monitored. This is consistent with the requirement of the Data Protection Act 1998 that data subjects are made aware of who is processing personal data about them and for what purposes.

Businesses may face liability for civil lawsuits if they do not act in accordance with the regulations, and action by the Information Commissioner (formerly the Data Protection Commissioner) in the case of any breach of the Data Protection Act.

The Government wish to ensure that these requirements are drawn to the attention of businesses and others concerned as widely as possible. An important step in this regard will be taken with the publication later this year of the Information Commissioner's Code of Practice on the Use of Personal Data in Employer/Employee Relationships, which will provide comprehensive guidance on the implications of both the Data Protection Act and the Lawful Business Practice Regulations for practice in the workplace.