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Use and Monitoring of E-mail : Studies in Employment and Social Policy - Roger Blanpain

Use and Monitoring of E-mail

Studies in Employment and Social Policy


Published: 1st March 2004
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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
Publisher: Kluwer Law International
Country of Publication: NL
Dimensions (cm): 23.4 x 15.6  x 1.9
Weight (kg): 0.63