(preliminary note: the Precedents section of this website, available as an option with subscription versions, includes full wording for an e-mail policy).

Part 3 of the Employment Code of Practice on "Monitoring of Employees", issued under Data Protection Act 1998, was a long time in gestation. It went through several drafts and formal consultation ended as long ago as 27th August 2002. A particular difficulty has been to ensure that the employee monitoring part of the code is consistent with privacy rights set out in the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, SI 2000/2699 (see notes at Data protection/Regulation of Investigatory Powers Act 2000 ). Then a new Information Commmissioner, Richard Thomas, took over in November 2002 with many new suggestions and ideas. The result has been a degree of suspense, compared by the law firm Allen & Overy to the build up for the publication of J.K. Rowling's next Harry Potter book - and they should know as Emma Watson's (Hermione Grainger in the Harry Potter films) father is a partner in their London office.

The final version of Part 3 of the code gives employers more discretion, is more flexible and is shorter than previous drafts, which were prepared before the new Information Commissioner took over in November 1992. There is also a separate Monitoring at Work: Information Commissioner's Guidance for Small Businesses and a Code of practice on CCTV (Closed Circuit Television) in public places issued in July 2000 (see notes at Data protection/CCTV ).

Part 3 of the Code sets out basic rules for employers who monitor, or are planning to monitor, employee activities. It will be particularly relevant when monitoring of employee use of the internet and e-mail are in point, but also covers use of the telephone and a whole raft of other activities. The theme throughout is transparency. If monitoring takes place, then save in exceptional circumstances the employer should ensure that employees know what is being done, how it is being done and the reasons for it.

A PixAlert/CIPD survey, 13th December 2004 showed that 70% of UK organisations have disciplined staff over pornographic images (see notes at Unfair dismissal/conduct and misconduct as reason for dismissal ).

The Information Commissioner's Office Technical Guidance Notes webpages are an essential source of practical information on all aspects of data protection and the Information Commissioner's Brief guide to data protection for small businesses is a useful summary.

For relevant general notes go to Data protection/Code of Practice/general and parts 1 and 2 and/or Data protection/e-mail and internet policies and/or Data protection/a general note .