ZDNet UK News: Snooping code hits delays

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Snooping code hits delays

Mon, 15 Jan 2001 15:15:41 GMT  Gareth Morgan, IT Week

Draft document comes under fire for being too complex, delays ensue

A definitive code on email monitoring may be pushed back until after
Easter, as the Data Protection Commission (DPC) examines ways to
simplify the draft document following a barrage of criticism from
industry.

David Smith, the deputy data protection commissioner, told IT Week the
final version of the code of practice relating to employees' personal
data could be split into separate sections to cover areas such as
recruitment, monitoring and maintenance of records.

"[The draft version] was not as clear as it might have been," said
Smith, "so we are considering splitting the code into separate parts,
but this will require additional time to produce." The changes could
delay publication of the code - originally pencilled in for early
spring - until after Easter.

In the meantime, IT managers are being advised to continue to draw up
and implement their own codes of conduct.

Although industry is keen to have a code in place as soon as possible,
businesses agree it must be unambiguous and easy to enforce. The draft
version had been criticised by the Confederation of British Industry
(CBI) for being too long and complicated.

"Some parts of the code are clearly unworkable," said Rod Armitage, the
head of legal affairs at the CBI. "It is vital that we get this code
right." The CBI is also concerned that firms will not have the freedom
to determine their own guidelines on monitoring their employees.

Smith said he would meet the CBI and other interested parties over the
coming weeks to discuss the proposed code, and was well aware of the
importance being placed on the issue of monitoring. The bulk of the 70
responses to the consultation document which the DPC received had
focused on the issue of monitoring.

But the CBI is likely to be disappointed if it hopes the DPC will give
firms greater freedom to monitor their employees. The draft proposals
ruled that any monitoring of employee communications must be in
proportion to the business benefits that an organisation could hope to
achieve by it.

Smith said although there were areas where changes could be made to the
draft proposals, the 1998 Data Protection Act had to be adhered to:
"The code of practice is our interpretation of the Data Protection
Act."

The issue of email monitoring has resurfaced recently, with the TUC
describing incidents such as the sacking of ten workers at the Royal &
SunAlliance insurance company for forwarding lewd emails around the
office as out of proportion to the offence.

A spokeswoman for the TUC confirmed that the organisation had been
given special permission to provide feedback on the draft code a week
after the deadline. However, she was unable to provide further
comment.

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