For the new contestants on Big Brother twenty-four hour video surveillance is all part of the game. However, the true reality of the situation is that we are all increasingly being monitored in our activities at work and in our private life.
Employers will have access to information which is stored regarding the use of the company’s computer systems, and this may contain data on an employee’s personal use. Is this information private?
In a recent judgment, in Copland v UK, the European Court of Human Rights has ruled that monitoring an employee’s emails, internet usage and telephone calls was a breach of Article 8(1) of the European Convention of Human Rights, the right to respect for private and family life, home and correspondence. The College at which Ms Copland worked had reviewed its phone logs and checked her email and internet history over a period of time but had not intercepted any communications. Nonetheless, the Court held that even monitoring the date and length of telephone conversations and the numbers dialled could give rise to a breach of a right to privacy and that simply storing data relating to Ms Copland’s private life was also a breach of her rights. Ms Copland was awarded 3000 euros for damages.
It is worth noting that, in reaching its conclusions, the Court took account of the fact that Ms Copland had not been given any warning that her telephone calls might be subject to monitoring and at the time the College did not have a policy on computer use. As a result, Ms Copland had a reasonable expectation of privacy. The events complained of also took place before the Regulation of Investigatory Powers Act 2000 and the Telecommunications Regulations Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. In certain circumstances, these may provide scope for employers to argue that any infringement is in accordance with domestic law however, it may also be that this legislation is inconsistent with the right to privacy. Since the regulations were not in force at the time, their compatibility was not considered by the Court.
Employers are strongly advised to adhere to the Data Protection Act and Code of Practice when processing any information on employees. Employers should have clear and concise email, internet and telephone policies, which expressly state that privacy is not guaranteed and which sets the nature and business reasons for any monitoring which is undertaken.
The question of privacy does not only relate to computer systems at work. As an individual, it is also worth considering how your private use at home is being monitored. According to the Office of National Statistics 57% of UK households are connected to the web. Additionally, mobile phones can now also come with web access. The technology behind these services captures each visit and we leave behind a digital foot print which can reveal much about ourselves.
Last August AOL published the search queries from 650,000 users for research purposes. Although the results were allocated a unique number to anonymise the data and protect the user’s privacy, some of the information was so specific that certain individuals were identified. The New York Times ran an article naming one person that they had traced through the searches made.
The information collected is used by ISP’s to improve their services and to develop targeted advertising campaigns by building a profile of the users interests. Privacy groups are alarmed by the data being collected by such firms its uses and retention. Google, which at one time held information about searches for an indefinite period, has now agreed that it will anonymise its server logs after 18 to 24 months, but campaigners still think this does not go far enough.
Google’s plans for expansion include gathering sufficient information about its users to be able to advise them on just about everything. A spokesperson said "The goal is to enable Google users to be able to ask the question such as, 'What shall I do tomorrow?' and 'What job shall I take?' Last week, the company also revealed its plans for new advances that would enable it to compile psychological profiles by monitoring users of online games. The company has filed a patent in Europe and the US to characterise users based on their style of game play so that adverts can be customised according to the user’s personality style and preferences.
So it appears, big brother is watching but so too are perhaps countless other unscrupulous parties. Security company Garlik estimate that the average Briton's personal details can be found in over 1,000 places on the web, contributing to the increase in ID theft. You can engage their services to check out your own digital footprint, alternatively play I-spy on yourself and do an ego search!