Chancellor of Justice criticises proposal on e-mail monitoring by employers

Paavo Nikula

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Chancellor of Justice Paavo Nikula has criticised a proposal by the Ministry of Transport and Communications that would give employers the right to monitor employees’ e-mail communications at work.
      Under the proposal, employers suspecting leaks of confidential information would be allowed access to the information of senders and recipients of communications by employees using company’s own e-mail system.
      The proposal would not give the employers access to the content of the messages.
     
Nikula says that while the information of recipients and senders of e-mail is not part of the core of the right to communications confidentiality, it is still part of the fundamental right.
      "However, this does not mean that it would be possible to use the information without preconditions, as long as a law is passed on the matter", Nikula notes.
      He also says that the proposed legislation should define more precisely and in greater detail the impact that the proposal would have on fundamental rights.
      Now the examination only applies to the protection of property as defined in the constitution.
     
The ministry’s proposal for a new law on electronic data protection seeks to make it easier to track down those who leak corporate or state secrets.
      Nikula feels that there is reason to ponder whether or not the monitoring of the e-mail communications of individual employees, and the amount of contact information thus acquired, is justifies the expense.
      He is also concerned about the legal protection of outsiders who have sent and received messages.
     
Paavo Nikula notes that employers would be permitted to use methods in some cases that not even police are allowed to do.
      He also observes that the Ministry of Transport and Communications has not compared legislation with that of other countries, and has not heard the views of ministries of other countries in the preparation of the bill. He says that these lapses are indefensible.
      Nikula points out that one of the tasks of the Parliament’s Constitutional Law Committee is to make a final decision on whether or not a bill is in line with the constitution.
      Perttu Puro, a top official at the Ministry of Transport and Communications, would not say on Thursday how the statement by the Chancellor of Justice might affect the preparation of the ministry’s proposal. "We will study the statement, and get back to the matter" he said.
      The ministry has said that it would bring the proposal before the government this month if the Chancellor of Justice sees no problems with it.


Previously in HS International Edition:
  Poll: Most Finns would allow employers limited rights to monitor employee e-mail use (4.9.2006)
  TV news: Ministry wants to allow employers to check employee e-mail (16.8.2006)

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