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The Law


When a company utilises email filtering technology in the workplace to intercept and monitor staff communications, there are a plethora of UK Laws, Acts and Regulations that a company must adhere to.

Recent changes to UK law now mean that failure to comply with the law can mean that company directors can be help personally responsible for failures in their own company and may face prosecution or or even jail in the most severe of cases.

As with all legal matters, please seek professional legal advice at all times on any matters that may rise from the information presented. This list may not be exhaustive and will depend on your own corporate processes, policies and procedures.

Email Monitoring – UK Laws & Regulations

Interception of electronic communications and the monitoring of email messages within a UK workplace is governed and regulated by many UK laws, regulations and government guidelines.

These regulations are trying to get the correct balance between the protection of the employer (to maintain business operations) and the employees’ rights to privacy for personal communications.

Most of the relevant UK laws concerning email communication, monitoring and investigation are listed below.

Computer and Communication-related Laws & Regulations

  • Interception of Communications Act 1985
  • Computer Misuse Act 1990
  • Data Protection Act 1998
  • Electronic Communications Bill 2000
  • The Data Protection (Processing of Sensitive Personal Data) Order 2000
  • The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations (LBPR) 2000
  • The Information Commissioner’s Employment Practices Data Protection Code, Section 3, Monitoring at Work
  • Communications Act 2003

People-related Laws

  • Obscene Publications Act 1959
  • Sex Discrimination Act 1975
  • Race Relations Act 1976
  • Protection of Children Act 1978
  • Public Order Act 1986
  • Disability Discrimination Act 1995
  • Defamation Act 1996
  • Protection from Harassment Act 1997
  • Human Rights Act 1998
  • Malicious Communications Act 1988
  • Criminal Justice Act 1988
  • The Crime and Disorder Act 1998
  • Freedom of Information Act 2000
  • Sexual Offences Act 2003

Employment-related Laws & Regulations

  • Prevention from Harassment Act 1997
  • Regulation of Investigatory Powers Act 2000
  • The Employment Equality (Sexual Orientation) Regulations 2003
  • The Employment Equality (Religion or Belief) Regulations 2003
  • Employment Relations Act 2004
  • The Employment Equality (Sex Discrimination) Regulation 2005
  • UK Employment Equality Act 2006

Email messages that contain illegal / pornographic content may also contravene the Obscene Publications Act 1959, the Protection of Children Act 1978 and/or The Criminal Justice Act 1988.

Other EU & UK laws concerning employment law and working practices may also be relevant and will need to be investigated by your corporate legal team.

Relevant Links


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