ICT
Internet
and E mail Access - an acceptable use Policy Statement for
Employees
At
a recent industrial tribunal, an employee of a credit card
company had his claim for unfair dismissal rejected. The reason
for his dismissal was for using the firms’ e mail system
to send personal e mails whilst at work. As the credit card
company had an effective e mail and internet policy in place
they were able to defend the claim of unfair dismissal.
There are several legal issues to consider.
E mail
A number of companies have been sued for defamation after
employees have electronically questioned the integrity of
a competitor using e mail, and published these opinions externally.
Illegal material
Due to the lack of web policing, there are a large number
of web sites which contain offensive, obscene and illegal
(in the UK) material.
Viruses
Innocent looking web sites and e mails have been used to tempt
internet users to download material which has been found to
contain a virus.
To minimise potential problems, all employers should consider
setting out a policy statement for all employees embracing
internet and e mail access.
A suggested policy statement is shown below which you may
find useful.
A
Model Policy Statement
The
company (firm) (delete as appropriate) sees the internet and
the use of e mail as an important business tool.
Staff are encouraged to enhance their productivity by using
such tools - but only according to guidelines on their use
as set out in this document.
The internet is largely unregulated and uncensored and we
have a duty of care to protect the security of the firm’s/company’s
internal information, our customers, our suppliers and our
employees from malevolent, obscene and illegal material.
[Monitoring -Optional paragraph 1
With this in mind, the company (firm) reserves the right to
monitor e mails and internet sites visited, on an employee
basis. However, this will only be performed where there is
a suspicion of behaviour which breaches the company’s
‘e mail and internet access’ policy.
Staff under surveillance will be informed, by management,
that they are being monitored.
Covert monitoring will only be performed in exceptional circumstances
and only when sanctioned by a senior officer(s) of the company.]
[Monitoring - Optional paragraph 2
With this in mind, the company (firm) reserves the right to
monitor e mail and internet traffic. However, individual users
will not be identified in the monitoring process.]
It will be assumed that all staff understand and agree to
the policies unless a director (partner) is notified otherwise.
Any exceptions are to be appended to the copy of this statement,
and signed by a director (partner) and employee.
Access
to the internet and e mail
All/The
following users have access to the internet and e mail from
all/the following PCs...
Personal
use
The
internet may not be accessed for personal use during normal
hours of employment. Occasional use for personal reasons is
allowed outside working hours, however the restrictions set
out in ‘Browsing/Downloading material’ (below) must
be adhered to .
Personal e mails may not be sent/received unless in an emergency
or with prior authority.
E mails and e mail attachments
E mails must conform to the same rules as issuing correspondence
on the firm’s/ company’s headed paper.
E mails must be authorised by either a director (partner)
(or manager).
E mails must not contain controversial statements/ opinions
about organisations or individuals. In particular, racial
or sexual references, disparaging or potentially libellous/defamatory
remarks or anything that might be construed as harassment
should be avoided.
E mails must not contain offensive material.
E mails containing a virus must not knowingly be sent.
E mails coming from an unknown source must not be opened but
disclosed to management (see Disclosure).
E mails sent externally, must contain the company’s/(firm’s)
disclaimer (see sample below)
Browsing/Downloading material
Only material from bona fide business, commercial or governmental
web sites should be browsed/downloaded.
No other material should be browsed/downloaded. This specifically
includes games, screensavers, music/video and illegal, obscene
or offensive material.
Laptops/portables
a Travelling with laptops/portables
Laptops are liable to be inspected by authorities particularly
if travelling by air/sea/rail, both within and outside the
UK. Where an employee has a company/(firm’s) laptop they
must ensure that it does not knowingly contain illegal material.
b Using laptops/portables
Company/(firm’s) laptops may be used for e mail/internet
use without being connected to the corporate server. The software
to allow such access and to control viruses, should be installed
only by a member of the IT department.
Disclosure
Employees
have a duty to report the following to management:
- suspect
e mails/e mail attachments
- suspect
web sites
- obscene/illegal
material found on a PC
- persistent
use of the internet for personal reasons
- persistent
downloading of illegal/obscene/offensive material.
|
Disciplinary
A breach of any of the policies is a disciplinary matter.
Illegal activities will also be reported to the relevant authorities.
Sample
Disclaimer
This
e mail and all attachments it may contain is confidential
and intended solely for the use of the individual to whom
it is addressed. Any views or opinions presented are solely
those of the author and do not necessarily represent those
of [the company]. If you are not the intended recipient, be
advised that you have received this e mail in error and that
any use, dissemination, printing, forwarding or copying of
this e mail is strictly prohibited.
Please contact the sender if you have received this e mail
in error.
How
We Can Help
We
will be more than happy to provide you with assistance or
any additional information required.
Top
of page
For information of users: This material is published
for the information of clients. It provides only an overview
of the regulations in force at the date of publication, and
no action should be taken without consulting the detailed
legislation or seeking professional advice. Therefore no responsibility
for loss occasioned by any person acting or refraining from
action as a result of the material can be accepted by the
authors or the firm.
|
C o m p l e t
e 
Regulated
to carry on audit work for a range of investment business
activities by the Institute of Chartered Accountants in England
and Wales