Are you scared? Is this really Big Brother?

The answers to the above are: You shouldn't be, and, no not really. The Office of the Information Commissioner issued a draft code of practice shortly after the regulations surfaced, warning employers that they are required to comply with the Data Protection Act 1998.

The Data Protection Act 1998 was introduced to ensure that all your personal data is processed in a manner that is lawful and fair and therefore should your employer monitor your communications then it should not intrude on the employees' 'privacy and autonomy'.

The code makes it clear that employers should not monitor the content of calls and emails and that private messages should not be opened.

Will I always be listened to? What about the Human Rights Act?
Telecoms watchdog Oftel has stated that employees should be forewarned that a form of telephone monitoring is taking place and that there should be private lines at the place of work that will be excluded from monitoring.

This brings in a very important subject…. The Human Rights Act. The Human Rights Act gives us all a right to privacy for private and family life, and the Human Rights Act can be quoted even when employers are working within the guidelines of the regulations stated above.

Yes, you've guessed it; even the Human Rights Act has exceptions. Namely, if your employer feels that they are acting for the prevention of crime, or in the interests of national security (also crime related) then they are justified.

The courts have still yet to be fully tested on a number of workplace privacy related issues, but to coin a phrase 'it's only a matter of time'.