Since the coming into force of the Human Rights Act, the right to privacy is a hot topic of debate.

The growth of communication technology - especially the increased use of telephones (eg in call centres) and e-mail - and our use of these in the workplace can lead to a direct conflict between the employer's desire to make sure its communication systems are being used in the manner intended, and the right of employees to a degree of privacy even at their desks.

The law is changing rapidly as a result. There is not scope here to address the growing body of legislation on other forms of monitoring at work such as CCTV surveillance, or the issue of data protection generally but in those areas too the law is attempting to draw the difficult line between an individual's right to privacy and an employer's right to run the business effectively.

Chrstina Tolvas VIncent at Bond Pearce looks at the monitoring of employees' emails and telephone calls at work. Where do we now stand?

The Regulation of Investigatory Powers Act 2000 ("the RIP Act") which has just come into force makes it unlawful for a business to intercept e-mails or other forms of communication without the consent of both the sender and the recipient. However, the interception of such communications will not be unlawful where the interceptor has reasonable grounds to believe that both the sender and the intended recipient have consented. With employees it is relatively straightforward to show this if there is an express term in employees' contracts (or a policy statement available to all employees) stating that the employee understands that the employer may from time to time intercept telecommunications in accordance with lawful business practice.

It is not so easy for the employer to know that third party senders have consented. Much will depend on the nature of the employer's business and the sophistication of their systems but generally speaking, the obligation is an onerous one.

However, the scales have been shifted back towards the employer by the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 which came into force on 24 October 2000. They state that an employer may be able to monitor and intercept telephone calls and e-mails in a number of circumstances. These include situations where an employer has to comply with regulatory practice (financial services being one example) or assess quality standards. In these cases an employer does not need to have consent, but does have to show reasonable efforts to notify employees that e-mails or telephone calls may be intercepted.

So how will this affect you in practice? If you are an employer, you should be establishing or reviewing your telecommunications policy to cover telephone, e-mail, and the internet. You should ensure that this policy statement ensures that your employees understand that you will carry out random checking and interception of telecommunications systems in accordance with lawful business practice and/or to monitor or assess quality standards.

If you are an employee, you are faced with legislation delivering rights with one hand, and taking them away with the other. You should have been told of your employer's practices, but be aware that often there will be a legitimate interest to protect and your calls and e-mails may be monitored. If you have any doubts about what methods your employer will use then the best way forward is to seek clarification from them direct. But, obviously, you should be careful to ensure that your calls and e-mails are appropriate for work!