Políticas e Instructivos:

9.1. This policy applies to those listed at paragraph 3.1 irrespective of age, race, colour, religion, disability, nationality, ethnic origin, gender, sexual orientation or marital status, domestic circumstances, social and employment status, HIV status, gender reassignment, political affiliation or trade union membership. In overseeing the acceptable use of mobile devices and ICT, HEE will treat those concerned in a fair and equitable manner and reasonable adjustments will be made where appropriate.

10. Education and Training Requirements

10.1. To promote and encourage the best use of ICT, HEE provides a range of training and resources. Upon joining HEE your training requirements in respect of ICT should be considered with your line manager, and further issues raised during the annual and quarterly appraisal review process.

11. Monitoring Compliance and Effectiveness

11.1. ICT equipment and programmes, and the information generated and stored on them as with all other assets, are the property of HEE. HEE therefore reserves the right to monitor and record use of these facilities to ensure

compliance with the policy on appropriate use of ICT. You should not therefore have any expectation of 'privacy' in relation to accessing websites or personal email correspondence or messages sent via the Intranet or Internet, as these will

be subject to the same checking procedures applied to business-related access and email correspondence. The contents of drives and directories may also be read during routine monitoring checks.

11.2. If, in the course of carrying out routine checks, the HEE have concerns about the level of personal use or if material is discovered that contravenes this guidance then your line manager will be informed as will the appropriate section within Human Resources (HR). In cases where serious contravention of the policy is suspected then the evidence will be shared with HR, who will consider appropriate action.

11.3. It is recognised that some business areas have a genuine business need to access sites that may show up as 'inappropriate' on routine monitoring

checks. In these circumstances, line managers need to be aware that they could still be asked to verify that access to such sites is business related.

12. Associated Documentation

12.1. Health & Safety Policy

12.2. Workstation Health & Safety, including workstation assessment form 12.3. Information Governance Policy

12.4. Disciplinary Policy

12.5. Records Management Policy 13. References

13.1. Obscene Publications Act 1959 under this Act it is a criminal offence to 'publish' (download, transmit or forward) material that may be considered

'obscene'.

13.2. Protection of Children Act 1978 (as amended by Section 84 of the Criminal Justice and Public Order Act 1994) Under the Protection of Children Act 1978, it is a criminal offence to take, distribute, show or have in one's possession any indecent photograph or pseudo-photograph of a child. This includes an image on screen whether or not the image was downloaded. Material passing over the Internet is subject to the same laws as material being distributed by other means - what is illegal off-line is illegal on-line.

13.3. Equality Act 2010 The 2010 Equality Act covers nine protected

characteristics namely; age, disability, sex, gender reassignment, pregnancy and maternity, race, sexual orientation, religion or belief, and marriage and civil partnership. As an equal opportunities employer, HEE is committed to treating all staff fairly and responsibly. Employees and other users of ICT facilities should not be discriminated against, either directly or indirectly, on such grounds as race, colour, ethnic or national origin, sex, marital or civil partnership status,

responsibility for children or other dependants, disability, sexual orientation, religious or political beliefs.

13.4. Remarks sent by email, including jokes or quips, can amount to

harassment and could form the basis for complaints of discrimination under the above Acts. Deliberately searching for, soliciting or circulating any form of discriminatory material or views contravenes HEE’s commitment to Equality and Diversity.

13.5. Defamation Act 1996 Defamation occurs where a person makes a statement (oral or written) about another person that is either untrue or is not an expression of fair comment. Where a statement is intended to damage that person’s reputation in the eyes of other people it may be defamatory. Adverse comments (perhaps sent in the heat of the moment) for example, about someone's professional competence, or salacious gossip about somebody's personal life, which may not be true, could amount to defamation and make the author of the statement and HEE liable to civil proceedings. You should therefore take care when composing emails to ensure that you do not make defamatory remarks.

13.6. Copyright, Design and Patents Act 1988 Copyright applies equally to material on the Internet as it does to hard copy. Many websites contain a

copyright notice detailing how the material they contain may be used. Often, this is in the form of a hyperlink from a short copyright notice to a more detailed statement of what is permitted. If no copyright notice is provided, it is not safe to assume anything. If you want to print out a web page or attachment, or copy and paste anything from a web page or attachment into a document of your own, you should obtain the permission of the copyright owner. For any use beyond

everyday web-browsing, permission should be obtained. A good starting point is to check the Terms and Conditions of use which appear on the website. If there isn’t one then use the Contact us or about us section to find an email address for the website and then send an email. Where permission has not been granted, individuals and HEE could be liable for copyright infringement if the copyright owner takes civil proceedings.

13.7. Data Protection Act 1998 The Data Protection Act protects individuals' rights in relation to their personal data. If you process personal data, which includes storing it on your PC or sending it via email, you must ensure that you comply with the requirements that the Act places on HEE. This includes keeping data up-to-date, not keeping any more personal data than is necessary for your purpose, respecting the rights of data subjects and ensuring that you have adequate security measures in place to protect the data, e.g. passwords and protection for personal data in transit.

13.8. HEE has access to encryption software to protect sensitive information. Unencrypted laptops, CDs, DVDs, USB or other storage devices holding personal data must not be taken outside secured office premises.

13.9. Sending personal information on the Internet or via email is inherently insecure and might breach the Data Protection Act. You should not send

personal information, including photographs, about any other person by email or place it on the Internet, unless you either have the written consent of the person concerned or you have made sure that it is legal under the Data Protection Act to publish the information. You must not send any personal information via email to a country outside the European Economic Area, nor place personal information on a Web site, without the written consent of the individual concerned (See further information on the Information Commissioner's website). Computer Misuse Act 1990 The Computer Misuse Act covers a number of criminal offences such as hacking. For example, it is an offence to knowingly obtain unauthorised access to a system. It is a more serious offence to obtain such unauthorised access with the intention to modify data or programs either

permanently or temporary. It is also an offence to release a virus or deliberately cause disruption to any other computer users service or facilities. HEE could be held liable for the acts of someone who causes damage to a third party as a result of negligent virus transmission.

13.10. Remember, if you receive an email which you suspect may contain a virus, DO NOT open it or forward it to others. Contact your local IT helpdesk.

13.11. Communications Act 2003 s.127 The relevant part of this Act states: “A

person is guilty of an offence if he sends by means of a public electronic

communications network a message or other matter that is grossly offensive or of an indecent obscene or menacing character and also under s.127 (2) if he sends a message that he knows to be false, causes such a message to be sent and causes annoyance, inconvenience or needless anxiety to another.”

13.12. Malicious Communications Act 1988 s.1 The relevant part of this Act states: “A person is guilty if they send to another a letter, electronic

communication which conveys a message which is indecent or grossly offensive, a threat or information which is false and known or believed to be false by the sender of any electronic communication which is grossly offensive.”

13.13. The above two offences cover use of text messages, telephone messages and voicemails.

13.14. International Laws Care should be taken when sending international messages, which will be subject to the law of other jurisdictions.

13.15. Personal social media There are countless examples of personal social media and the list frequently changes. You should be aware that such websites are open to the public, and you should not reveal too many details about yourself or your work. You should be wary of approaches from people you do not know or from their contacts.

13.16. Social media websites are becoming the vehicle of choice for web scammers and criminals. Such people are adept at harvesting personal