Dutch firms may be allowed to look at workers' e-mail

A government advisory body in Dutch has recommended legislation that would give companies the right to read staff e-mail and screen internet use.

The long-awaited proposals for regulating electronic privacy issues will shape industry standards under draft laws expected to take effect April 1.

The Hague-based Data Protection Authority, the government's leading advisory body on privacy issues, called for "balanced" rules. The conclusions are not binding, but experts said they could lay the foundation for privacy laws across Europe.

Under the proposal, both e-mail and internet may be subject to monitoring if certain conditions are met.

"A company cannot continuously monitor the behavior of an employee, unless they are suspected of misconduct," said agency spokesman Rudy Schreijnders. Companies will be required to provide staff with rules for e-mail and internet use, he added. Companies could set time limits for internet use or ban specific websites, he suggested.

"A staff member could then be asked to explain higher than permitted levels of internet use," he said.

Racist comments or sexual harassment could be other justifications for monitoring, according to the agency.

Rik van Steenbergen, a specialist in employees rights at the largest Dutch trade union FNV, welcomed the report, saying it will create clarity for both sides.

"You cannot say that privacy will be protected, but it will be very clear what the rules are," he said.