Store International Use and Monitoring of E-mail, Intranet and Internet Facilities at Work: Law and Practice

Use and Monitoring of E-mail, Intranet and Internet Facilities at Work: Law and Practice

By Roger Blanpain†, Marc Van Gestel


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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 Belgium¿s 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 matters¿which include communications facilities at work, employer¿s prerogative, the company¿s rights of ownership and disposal, and the fundamental privacy rules of legitimate purpose, proportionality, and transparency¿provide 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.

  • Last Updated 05/21/2004
    Update Frequency As Needed
    Product Line Kluwer Law International
    ISBN 9789041122667
    SKU 10059608-0001
    Table of Contents
      List of Abbreviations. Code of Practice. Preface: Privacy and the Specific Nature of Labour Law. Introductory Remarks: The Digital Society. Opportunities and Challenges. Design and Outline of the Study. Part I. De facto: An Examination of Practice. 1. Use of On-Line Communications at Work. 2. Responsibility and Liability¿Monitoring and Sanctions. 3. Use of On-Line Communications Facilities at Work by Employee Representatives. 4. A Random Sample of Practice: Four Company Codes. Part II. The Attitude of the Social Partners. 1. The Attitude of the Trade Unions. 2. The Attitude of the Federation of Belgian Enterprises. Part III. De jure. 1. Sources of Law. 2. Access, Use and Ensuring the Security and Efficient Operation of Company E-Mail, Intranet and Internet Systems. 3. Monitoring of E-Mail, Intranet and Internet Use. 4. Liability for Use¿Sanctions¿Assistance. 5. Rights and Obligations of Employee Representatives. 6. Model Codes of Practice. Part IV. Technical Aspects Surrounding the Monitoring of Internet and E-Mail Use. 1. On-Line Use of the Internet. 2. E-Mail. 3. Concrete Example of Monitoring. 4. Ten Tips for E-Mail Use at Work. Conclusions. Appendices. Bibliography. Subject Index.