The complaint to the office of the Information Commissioner was
made after one Amicus member was suspended and others threatened
with disciplinary action.
"We take this matter very seriously indeed," said Amicus
Regional Officer Barry Jones. "The
NAHT
has no policy
on e-mail and internet use, and employees have been encouraged to
use the e-mail facility freely. It is clearly totally unacceptable
for any employer, without warning and in secret, to monitor or
intercept e-mail traffic, still less to threaten staff with
disciplinary action as a result."
"We have reason to believe that some staff and senior officers
of the
NAHT
may have been involved in these activities
and we have therefore called for an independent investigation," he
added. "Compelling evidence has been presented to the General
Secretary of
NAHT
, but we have been met with
intransigence and are left with no alternative but to seek the
assistance of the Information Commissioner."
The Regulation of Investigatory Powers Act and the Lawful
Business Practice Regulations address the interception of e-mails
and telephone calls in the
UK
. The Data Protection Act
also places restrictions on the way that monitoring may be carried
out.
In 2003, Information Commissioner Richard Thomas published a
code of practice setting out guidance for employers on monitoring
employees' internet and e-mail use. The golden rule, he said at the
time, is that, "where monitoring does take place, employees should
be made aware of its nature and extent and the reasons for carrying
it out. Only in exceptional circumstances will it be appropriate
for employers to monitor their employees without their
knowledge."