Only minor adjustments to regulations on e-mail privacy

New law on privacy protection at work becomes effective from October 1st

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A new law on privacy protection at work that becomes effective today defines conditions under which employers are allowed to access and read employees' e-mail messages.
      Only work-related messages of importance can be accessed. Employees' private e-mail remains off-limits to employers.
      The parliamentary working group responsible for refining the new bill emphasises that e-mail is a rather unreliable tool for communicating crucial business matters.
      If one chooses to use it anyway, pivotal messages should be sent to company's shared email addresses. This will eliminate the need for accessing employees' private e-mail accounts when they are absent.
      Large employers are currently fine-tuning their guidelines for the use of e-mail.
      Big organisations do not seem to be bothered about employees using company e-mail accounts for private messaging, so long as the usage remains moderate.
     
The new law also requires employees to see to certain basics to minimise the need for other personnel to access their e-mail accounts during their absence.
      For one, employees have to be offered a chance to redirect their incoming e-mail to another address while they are away. The system can also be programmed to despatch an automatic response to those sending e-mail, detailing the employee's absence and whom the sender should contact instead. Such systems are already in common usage.
      An employee may also appoint a trusted person at work to receive the messages and to use his or her discretion in deciding which ones are of importance to the employer.
     
Should the employer still feel the need to access the employee's e-mail, then the employer - together with the system administrator - can search through the headlines and sender addresses of the employee's incoming e-mail to see if there are messages pertinent to the company.
      Such a search has to be reported to the employee.
      If an e-mail message is found that is clearly relevant to the employer, it can only be opened in the presence of a third party. Again, the employee has to be notified of this.
      The new law specifies for the first time the appropriate course of action when searching through and opening other people's e-mail.
      Large-scale employers, such as the wholesale/retail Kesko Group or the City of Helsinki, state that they have not regulated the use of work e-mail for private communication. Moderate usage is permitted, so long as it does not overload the system.
     
The new law on privacy protection at work also contains instructions on camera surveillance and testing of employees for drug use.
      Under the new rules, a job applicant can be asked to take a drug test and to pass the test results to the employer if the job in question requires considerable dexterity or independent thinking.
      An old employee may be asked to take a drug test if there is suspicion that the employee is addicted to a drug, or that he or she is working under the influence.
      CCTV surveillance will only be allowed as a security measure, not as a means of monitoring the employees.


Previously in HS International Edition:
  More employers consider drug tests for employees when new law takes effect (23.8.2004)

Helsingin Sanomat