Learners have a right of privacy to personal communications (article 8 of the European Convention on Human Rights) but colleges have the right and power to monitor the use of their network and their facilities to prevent abuse. Remote monitoring is covered by the Regulation of Investigatory Powers Act 2000 (RIPA), as simply a form of intercepting communications.
Any interception must be carried out within the limits set out by the legislation and learners likely to be subjected to interception should, as far as is reasonably possible, be made aware that it may take place
Institutions may monitor and record communications:
- To establish the existence of facts to ascertain compliance with regulatory or self-regulatory practices or procedures or to ascertain or demonstrate standards which are or ought to be achieved
- In the interests of national security
- To prevent or detect crime
- To investigate or detect unauthorised use of telecommunications systems
- To secure, or as an inherent part of, effective system operation
Institutions may monitor but not record:
- Received communications to determine whether they are business or personal communications
- Communications made to anonymous telephone help lines
Notice of interceptions may take the form of clauses in employment contracts and/or regular reminders in the form of notices in offices and stickers on computers and phones. As yet, however, the courts have not had the chance to decide what exactly constitutes 'reasonable' in this context. For more information have a look at the JISC Legal Interception & Monitoring Law webcast available on our website at: http://www.jisclegal.ac.uk/Webcast/interception.html.