The guidelines of the Authority for email The public and private employers can not check e-mail and surfing the Internet for employees, except in exceptional cases. It is for the employer to define how to use these tools but taking into account the rights of workers and discipline in the field of labor relations. The Guarantor privacy, with a general measure
to be published in "Official Gazette", provides practical guidance regarding the use of computers in the workplace. "The issue is particularly sensitive - says Mr Mauro Paissan - because the analysis of websites visited can be drawn including sensitive information about employees and e-mail content can have a private character. Necessary to prevent arbitrary use of IT tools and business of violating the privacy of workers. " The Authority requires first of all employers to inform clearly and in detail about how employees use the Internet and e-mail and the possibility that controls are in place. Prohibiting the Guarantor then read and recorded systematically and-mail as the systematic monitoring websites visited by employees as this would achieve a control distance of work prohibited by the Workers' Statute. It also indicated a number of organizational and technological measures to prevent the possibility, provided only in limited circumstances, analysis of the content of Internet browsing and opening some e-mail messages that contain data required for business operations. The measure recommends the adoption by businesses of a disciplinary procedure, called also involving the unions, which are clearly set out the rules for Internet use and e-mail. The employer is also required to adopt any measure that can prevent the risk of misuse, thus reducing controls after-care workers. As for the Internet is appropriate for example to identify the sites previously considered related or not work performance, use filters to prevent certain transactions, such as access to sites included in a sort of blacklist or downloading music or multimedia . As for the e-mail, should the company: make available addresses shared by several employees (info@ente.it; urp@ente.it; ufficioreclami@ente.it), making clear the nature of private correspondence; evaluate the possibility of assigning the worker to another address (other than to work), for personal use, including, in the absence of the worker, auto-reply message with the coordinates of other workers reach, enables the employee to delegate to another employee (trustee) to verify the contents of the messages addressed to him and to forward those deemed relevant to the holder office, that in case of unexpected or prolonged absence of the worker and pressing requirements related to employment. If these preventive measures were not sufficient to prevent abnormal behavior, any control by the employer must be made gradually. In the first instance you should carry out audits of the department, office, workgroup, in order to identify the area to retrieve the observance of the rules. Only later, repeating the anomaly, we could go to check on an individual basis. The Guarantor has finally prompted special measures of protection in those situations where work must be respected professional privilege granted to certain categories, such as journalists. Rome, March 5, 2007
