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Use and Monitoring of E-Mail, Intranet and Internet Facilities at Work : Law and Practice - Roger Blanpain

Use and Monitoring of E-Mail, Intranet and Internet Facilities at Work

Law and Practice

Hardcover Published: 1st March 2004
ISBN: 9789041122667
Number Of Pages: 320

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Two legitimate statements in search of legal doctrine: An employee must have a reasonable expectation of privacy. The efficient operation of the company must be safeguarded.

As a lawyer considers each of these assertions, a significant region of incompatibility emerges. In the context of the use of information technology systems in the workplace, a collision of rights is exposed that has engendered a virtual battleground in the theory and practice of labour law.

This remarkable and timely book draws together all the strands of law in this controversial area, both de facto and de jure. Its comprehensive coverage includes such eminently useful materials as the following:

  • thirty actual company policies regarding on-line communications, from a wide variety of business sectors, with detailed analysis;
  • texts of four company codes of practice;
  • actual views of trade unions and employers organizations;
  • analysis of relevant existing laws on access, monitoring, liability, sanctions, and the rights of employee representatives;
  • two proposed model codes of practice, one for the individual user and one for employee representatives; and,
  • appendices including Belgiums National Collective Agreement No. 81 and the regulatory bill and advisory opinions that led up to it.

    The authors focus on practice is advantageous, as it brings the central issues and conflicts into high relief. The close analysis and investigation of how employers, trade unions, and legislative and advisory bodies are dealing with the essential matterswhich include communications facilities at work, employers prerogative, the companys rights of ownership and disposal, and the fundamental privacy rules of legitimate purpose, proportionality, and transparencyprovide very valuable guidance to parties in any country concerned with developing a viable set of legal principles and rules for this challenging and unsettled area of labour law.

  • Preface : privacy and the specific nature of labour lawp. 1
    Introductory remarks : the digital society : opportunities and challengesp. 9
    De Facto : an examination of practicep. 17
    Use of on-line communications at workp. 21
    Responsibility and liability - monitoring and sanctionsp. 73
    Use of on-line communications facilities at work by employee representativesp. 94
    A random sample of practice : four company codesp. 100
    The attitude of the social partnersp. 131
    The attitude of the trade unionsp. 133
    The attitude of the federation of Belgian enterprisesp. 140
    De Jurep. 143
    Sources of lawp. 145
    Access, use and ensuring the security and efficient operation of company e-mail, intranet and internet systemsp. 174
    Monitoring of e-mail, intranet and internet usep. 182
    Liability for use - sanctions - assistancep. 197
    Rights and obligations of employee representativesp. 201
    Model codes of practicep. 207
    Technical aspects surrounding the monitoring of internet and e-mail usep. 219
    On-line use of the internetp. 221
    E-mailp. 225
    Concrete example of monitoringp. 236
    Ten tips for e-mail use at workp. 239
    National collective agreement no. 81 of 26 April 2002 on the protection of employees' personal privacy with respect to the monitoring of electronic on-line communications datap. 247
    Commission for the protection of personal privacy advisory opinion no. 10/2000 of 3 April 2000p. 264
    Unsolicited advisory opinion regarding bill 2-891/1 of 29 August 2001 on regulation of the use of telecommunications facilities in the workplacep. 273
    Bill on regulation of the use of telecommunications facilities in the workplace, 29 August 2001p. 278
    On-line rights at work. A UNI code of practicep. 285
    Table of Contents provided by Blackwell. All Rights Reserved.

    ISBN: 9789041122667
    ISBN-10: 9041122664
    Series: Studies in Employment and Social Policy : Book 27
    Audience: General
    Format: Hardcover
    Language: English
    Number Of Pages: 320
    Published: 1st March 2004
    Country of Publication: NL
    Dimensions (cm): 23.39 x 15.6  x 1.91
    Weight (kg): 0.63