Examining a person's activity.
WHY IT REQUIRES PARTICULAR CARE
It concerns an individual, and findings affect their livelihood.
WHAT TO ESTABLISH FIRST
Whether you have authority to examine their activity.
WHAT THAT DEPENDS ON
Your policies What employees were told What is lawful in your jurisdiction What is proportionate to the concern
WHY POLICIES MATTER
Monitoring not disclosed in advance may be unlawful and findings may be unusable.
WHAT TO ESTABLISH IN ADVANCE, BEFORE ANY INVESTIGATION IS NEEDED
That systems are for business use That activity may be monitored On what basis and in what circumstances
WHAT TO ESTABLISH ABOUT PROPORTIONALITY
That the examination matches the seriousness of the concern.
WHY
Examining everything about a person over a minor concern is disproportionate and it is challenged.
WHAT TO LIMIT
The scope, to what is relevant.
WHAT TO BE CAREFUL WITH
Personal communications Personal data unrelated to the concern Information about others
WHY OTHERS
Investigating one person exposes information about people who are not under investigation.
WHAT TO ESTABLISH
Who examines the material, and that access is limited.
WHAT TO AVOID
Wide access to investigation material Discussion beyond those involved
WHAT TO PROVIDE THE PERSON
The allegations, in sufficient detail to respond An opportunity to respond The right to be accompanied, where applicable
WHY
Fairness is required, and findings without it are overturned.
WHAT TO ESTABLISH
Whether to suspend during investigation.
WHAT TO RECORD
Everything: what was examined, why, what was found and what was concluded.
WHAT TO OBTAIN
Advice, where dismissal or reporting may follow.
