whatsapp HALFORDS group finance director Nick Wharton is to leave the cycle and motoring retailer to become chief executive of budget home furnishing chain Dunelm Group. KCS-content Halfords says finance director to take over the reins at Dunelm Thursday 16 September 2010 8:26 pm Wharton will leave the company on 30 November but before his departure he will present Halfords’ interim results and oversee the renewal of its banking facilities.Chief executive of Halfords, David Wild, said Wharton had “played a central role in Halfords’ transition from a subsidiary of Boots, through private equity ownership to become a growing and successful plc”.Meanwhile Dunelm yesterday reported a rise of 46 per cent in pre-tax profit to £76.8m in the year to 3 July. Dunelm is the third largest firm in the £12bn UK homewares market with 106 stores. Current chief executive Will Adderley will remain on the board of Dunelm and advise on strategy. Share Show Comments ▼ whatsapp More From Our Partners Native American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgKiller drone ‘hunted down a human target’ without being told tonypost.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.org‘Neighbor from hell’ faces new charges after scaring off home buyersnypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgBiden received funds from top Russia lobbyist before Nord Stream 2 giveawaynypost.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.com Tags: NULL
Kuwait Manufacturers Brands with products used in this architecture project ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/790784/flot-studio-toggle Clipboard Projects F.LOT / Studio ToggleSave this projectSaveF.LOT / Studio Toggle Architects: Studio Toggle Year Completion year of this architecture project “COPY” Manufacturers: panoramah!®, Safco, Al Wazzan Kitchens, MK, Makers inc. Products translation missing: en-US.post.svg.material_description Year: Products used in this ProjectWindowspanoramah!®ah!38 – FlexibilityEngineers:Al Turath consultantsMain Contractor:Al Nisf Co.Credits:Hend Almatrouk, Gijo Paul George, Abid Naqvi, Abdul Rashid, Yahia GalalCity:Al Bida’aCountry:KuwaitMore SpecsLess SpecsSave this picture!Courtesy of Studio ToggleText description provided by the architects. The F.LOT house can be described as a minimal composition of 2 seemingly floating masses intersecting at right angles. A 5m cantilever adds drama and gives the composition its unique character. Save this picture!Courtesy of Studio ToggleThe house features a 15m long pool which appears to float above the parking. The pool bisects the longitudinal volume which houses the main social spaces and the living quarters.Save this picture!Courtesy of Studio ToggleThe open-plan ground floor is organized on either side of the pool, which is quite clearly the focal point of the house. These spaces flow into each other connected by a bridge which is enclosed by panoramic sliding windows. The barrier free design of the ground floor is emphasized by the open kitchen and dining, with sliding-folding doors, giving unrestricted access to the landscape/deck and the pool.Save this picture!Courtesy of Studio ToggleSave this picture!PlanSave this picture!Courtesy of Studio ToggleThe basement houses the ‘Dewaniya’ (traditional Kuwaiti gathering space for men), parking for 3 cars under the floating pool, and the staff quarters. The Dewaniya opens into a large courtyard at the basement level, covered in white pebbles, which breaks up the harsh Kuwaiti sun and lights up the basement spaces in a glow of diffused natural light.Save this picture!SectionThe first floor houses the private living quarters and is lit by panoramic windows on both sides. Aluminum louvers and deep recessed balconies offer effective sun-protection and mitigate the heat gain due to the large window openings.Save this picture!Courtesy of Studio ToggleAn austere palette of white plaster, exposed concrete and white epoxy flooring gives the social spaces a sense of ethereal openness reminiscent of an art gallery. The first floor on the other hand features solid teak wood and rough-cut travertine cladding giving the living spaces a warmer texture.Save this picture!Courtesy of Studio ToggleProject gallerySee allShow lessStructures of Landscape / ENSAMBLE STUDIOSelected ProjectsGomati / SPASMSelected Projects Share CopyHouses•Al Bida’a, Kuwait Save this picture!Courtesy of Studio Toggle+ 37 Share Houses 2016 “COPY” ArchDaily ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/790784/flot-studio-toggle Clipboard F.LOT / Studio Toggle CopyAbout this officeStudio ToggleOfficeFollowProductsStoneConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesAl Bida’aKuwaitPublished on July 06, 2016Cite: “F.LOT / Studio Toggle” 06 Jul 2016. ArchDaily. Accessed 11 Jun 2021.
Free information on new wealth Advertisement About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis 14 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Charity Consultants Ltd has announced a free Web-based monthly update service on “new wealth”. The prospect research specialists are listing details of individuals and trusts who have gained considerable new wealth, defined as £1 million or more. New names will be posted on a monthly basis and you can sign up for e-mail notification.Find out more from Charity Consultants. Howard Lake | 10 July 2000 | News
Give as you Live launches iOS app for shoppers 138 total views, 2 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis11 About Melanie May Melanie May is a journalist and copywriter specialising in writing both for and about the charity and marketing services sectors since 2001. She can be reached via www.thepurplepim.com. Tagged with: app mobile Shopping and fundraising website Give as you Live has launched its first smartphone app, on iOS. Shoppers can sign up to Give as you Live through the app and choose a charity to support. They can then shop through more than 4,300 Give as you Live-linked retailers including ASOS, John Lewis, and Booking.com. Each time they make a purchase, the retailers pay Give as you Live a commission as a thank-you for referring shoppers to them. Give as you Live then donates this commission to the shopper’s chosen charity, with no cost to the shopper or the charity.The app’s features include a menu bar for easy navigation to shoppers’ favourite stores, the ability to use the in-built browser for searching the internet, Give as you Live account access to track funds raised, and ‘thank you’ notifications each time shoppers spend so they know how much their purchase has raised for their charity.An Android version is in the pipeline.Lyn Prodger, corporate partnerships manager at my AFK, (previously Action for Kids) which benefits from Give as you Live donations, said:“We’ve got hundreds of Give as you Live supporters who’ve raised more than £10,000 for my AFK over the years. It’s brilliant that these supporters now have an app to further increase their donations through purchases that they will be making anyway. The unrestricted funding we receive through Give as you Live makes such a massive difference to my AFK, helping fund specialist mobility equipment, employment opportunities and training work for the disabled young people we work with.”Greg Hallett, managing director at Give as you Live, commented: Advertisement Melanie May | 25 July 2018 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis11 “Our ultimate mission is to sustain charities, keep them in business and continue to improve and support their causes, so it’s important to us that we keep innovating and expanding our consumer-facing fundraising routes to fulfil this. We’ve been so fortunate to have more than 14,000 new shoppers use Give as you Live in the past 12 months, and we hope that this app can help grow that figure and make fundraising a simple, inexpensive part of everyday life for more people.”Give as you Live has raised close to £10 million for UK charities through its products so far. 137 total views, 1 views today
More Cool Stuff Your email address will not be published. Required fields are marked * Community News Business News HerbeautyTiger Woods Is ‘Different Man’ 10 Years After ScandalHerbeautyHerbeautyHerbeautyWant To Seriously Cut On Sugar? You Need To Know A Few TricksHerbeautyHerbeautyHerbeautyInstall These Measures To Keep Your Household Safe From Covid19HerbeautyHerbeautyHerbeauty6 Strong Female TV Characters Who Deserve To Have A SpinoffHerbeautyHerbeautyHerbeautyThese Are 15 Great Style Tips From Asian WomenHerbeautyHerbeautyHerbeautyEase Up! Snake Massages Are Real And Do Wonders!HerbeautyHerbeauty Community News Top of the News Make a comment St. Edmundâ€™s Episcopal Church , San Marino, is pleased to announce the presentation of two organ recitals in the fall of 2012, as part of their ongoing Sunday Afternoon Organ Recital Series. These recitals feature the finest local organists in concert on St. Edmundâ€™s magnificently restored and enlarged Aeolian-Skinner/Rosales pipe organ, set in St. Edmundâ€™s beautiful sanctuary and vibrant acoustics.The recital series, now in itâ€™s fourth year, has featured such artists as Samuel Soria, Namhee Han, Philip A. Smith, Szymon Grab, Michael Unger, Stephen Tharp, and James Vail, among others. USC Masterâ€™s candidate and organist of St. Bede the Venerable Catholic Church in La CaÃ±ada, Weicheng Zhao, will present a recital on October 28th, 2012 at 3:00 pm. He will perform music of J. S. Bach, Jean Guillou, Marcel Dupre, as well as one of his own transcriptions. On November 11, 2012 at 4:00 pm, Ty Woodward will present a recital of the music of Cook, Schumann, Mozart, Alain, Jongen, and Widor. Mr. Woodward is the organist at the iconic Hollywood United Methodist Church, as well as the resident organist at the El Capitan theater.A reception of wine, soft drinks, and snacks will follow the recitals, and there is ample parking on St. Edmundâ€™s campus. A free will offering will be made available to benefit the Friends of St. Edmundâ€™s Music. St. Edmundâ€™s Episcopal Church is located at 1175 San Gabriel Blvd. San Marino.For more information, visit www.saintedmunds.org. Subscribe First Heatwave Expected Next Week Name (required) Mail (required) (not be published) Website Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Faith & Religion Events St. Edmundâ€™s Episcopal Church 2012 Fall Organ Recitals Article and Photo courtesy of St. Edmunds Episcopal Church Published on Wednesday, October 10, 2012 | 1:20 pm Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. 7 recommended0 commentsShareShareTweetSharePin it faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena
Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Community News Herbeauty11 Yummy Spices For A Flat TummyHerbeautyHerbeautyHerbeauty6 Lies You Should Stop Telling Yourself Right NowHerbeautyHerbeautyHerbeautyA Dark Side Of Beauty Salons Not Many People Know AboutHerbeautyHerbeautyHerbeautyHe Is Totally In Love With You If He Does These 7 ThingsHerbeautyHerbeautyHerbeautyFinding The Right Type Of Workout For You According AstrologyHerbeautyHerbeautyHerbeauty10 Special Massage Techniques That Will Make You Return For MoreHerbeautyHerbeauty Business News Community News As part of April’s Distracted Driving Awareness Month campaign, Pasadena Police Department will be joining with over 200 other local law enforcement agencies and the California Highway Patrol in a month long “zero tolerance” enforcement and education campaign to curb those texting or operating hand-held cell hones while driving. Officers will be on alert throughout the month for those who break the cell phone laws and place themselves and others in danger.Special high visibility enforcement operations to cite cell phone violators will take place on April 3, 8, 17 and 22, 2014.The increased enforcement and education aims to persuade drivers to recognize the dangers of distracted driving and reduce the number of people impacted by this perilous behavior. The “It’s Not Worth It!” theme emphasizes that a phone call or text isn’t worth a hefty fine or a collision. The current minimum ticket cost is $161, with subsequent tickets costing at least $281.“We take the issue of distracted driving very seriously,” said Pasadena Police Chief Sanchez, “because we see the aftermath of these totally preventable crashes. Is that text message or cell phone call really worth $161, or worse, someone’s life?” Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. In addition, studies show that texting while driving can delay a driver’s reaction time just as severely as having a blood alcohol content of a legally drunk driver. According to research, sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds. Even a three second glance at freeway speeds means a driver has traveled the distance of a football field.Research shows that there is no difference in the risks between hands-free and hand-held cell phone conversations, both of which can result in “inattention blindness” which occurs when the brain isn’t seeing what is clearly visible because the drivers’ focus is on the phone conversation and not on the road. When over one third of your brain’s functioning that should be on your driving moves over to cell phone talking, you can become a cell phone “zombie.”These operations are funded through a grant by the California Office of Traffic Safety through the National Highway Traffic Safety Administration. Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Name (required) Mail (required) (not be published) Website Top of the News faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,Virtual Schools PasadenaHomes Solve Community/Gov/Pub SafetyPasadena Public WorksPasadena Water and PowerPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes First Heatwave Expected Next Week Subscribe Public Safety Pasadena Joins Crackdown on Texting and Handheld Cell Use Behind the Wheel Published on Wednesday, April 2, 2014 | 10:59 am 3 recommended0 commentsShareShareTweetSharePin it Your email address will not be published. Required fields are marked * Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. More Cool Stuff Make a comment EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDS Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena
Local NewsBusiness Twitter Twitter Pinterest Pinterest By Digital AIM Web Support – February 18, 2021 Facebook WhatsApp The Wall Street Journal and Bidgely introduced an article series showcasing how data and AI are powering the clean energy future, featuring real-world examples from utilities like Duke Energy, Duquesne Light Company, Ameren and Hydro Ottawa. Wall Street Journal and Bidgely Showcase the Power of Data and Artificial Intelligence to Create a Clean Energy Future Facebook TAGS WhatsApp Previous articleMicrovast, Governor Lee and Commissioner Rolfe Announce Company to Establish Manufacturing Facility in Clarksville TennesseeNext articleVisa and ADP Unveil Flexible Digital Payment Options to Serve U.S. Workforce Digital AIM Web Support
ColumnsHow To Reduce The Pendency? Gagan Gandhi26 Aug 2020 5:30 AMShare This – xPendency refers to the long-pending backlog of the cases in all the Judiciary levels, i.e., The Supreme Court, the High Court, and the District or Subordinate courts. According to Black Law’s Dictionary, Pendency can be defined as “Suspense; the state of being pendent or undecided; the state of an action, etc., after it has been begun, and before the final disposition of it.” In law,…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginPendency refers to the long-pending backlog of the cases in all the Judiciary levels, i.e., The Supreme Court, the High Court, and the District or Subordinate courts. According to Black Law’s Dictionary, Pendency can be defined as “Suspense; the state of being pendent or undecided; the state of an action, etc., after it has been begun, and before the final disposition of it.” In law, there is a leading saying that[i]”Justice Delayed is Justice Denied”. In the present time, numerous components control the legal executive from the desired justice in time. Among those variables the central and a major point is Pendency. Pendency of cases alludes to the accumulated build-up of the cases that are being dealt with in the Court of Law for quite a long time. REASONS OF PENDENCY The problem of pendency is known to everyone who is somehow involved in seeking justice. Pendency is a problem arising due to a long clog of different sets of problems with different natures that were left unnoticed. The Stakeholders are also significant for the purpose of accumulation of the backlog at an increasing rate. All those problems increase the time consumed by the Court of Law , resulting in a delay in providing the Justice sought. Major among those problems being: A. ADMINISTRATIVE PROBLEM: Our legal system is clogged with pending cases, and the situation has deteriorated not just because of a lack of judges to dispose of the matter, but other factors have also contributed to the worsening of the situation of huge arrears of pending cases in the country. One important factor can be categorized as administrative problems, which is not given much emphasis, but its role in worsening of the situation has been paramount. A report published by the Supreme Court of India mentioned that the subordinate judiciary has not been provided with a sufficient number of courtrooms, support staff and residential accommodation for judges, which leads to a severe shortage of resources required to dispose of a case within a reasonable period of time. This report stated that the subordinate judiciary requires more than 5000 courtrooms to accommodate more than 20000 judicial officers, and the number of courtrooms in the present scenario is not sufficient to cater to the demand. These problems do not end here; there is also a need to fill more than 40000 staff positions, which have been lying vacant for many years and the administration has done very little to address this issue. The data provided reveals the deteriorating condition of our subordinate judiciary along with constant pressure under which they are working every day due to a lack of human resources. These problems require immediate attention along with proper actions from the administration with the objective to resolve them [ii]. Along with heavy working burden already on the subordinate judiciary due to the reasons above, the problem is grave due to fewer working days. B. INFRASTRUCTURAL PROBLEMS: Infrastructure is the basic requirement for anybody to work to the best of its ability. Courts have formed devoted stakes for court administrators to benefit court processes, enhance case drive for productive judicial time. But some courts have occupied up such posts and many courts have not yet filled the devoted stakes so far. Old technology used in administration and the slow change is a heavy loss on adaptation and a hindrance to the efficiency of courts. The low budget allocation towards the Judicial infrastructure has resulted in a depleted structure of buildings which is miserably grim due to which the Judges are unable to deliver quality judgments in efficient time. C. TIME CONSUMPTION OF CASES: Every case that is heard in the Court of Law, requires a certain time to be heard before it attains finality. But the time invested in the investigation, hearing of the cases, and delivery of the judgment is not the best effective and efficient utilization of the Courts Time. In January; 2019, the Supreme Court Judge asked People not to file frivolous cases and stop wasting the time of the courts[iii]. Many procedural conducts are not being followed by the Courts, like, providing more than three adjournments in cases, which is not advised by the Law and leads to the pendency of cases. D. JUDICIAL OFFICERS: It is an evident situation that if a person is overwhelmed by the work supposed to be completed by him, the effectiveness and efficiency of the person will deteriorate at a high scale. A similar situation can be seen in the Indian Judiciary, where the Judicial officers are overwhelmed by the count of cases they have to deal with, and with the continuous addition of new cases. The problem of pendency arose due to the lack of the appointment of new Judicial officers to match the requirement and fill up the vacant positions. E. LITIGATION ISSUES: The new cases are increasing exponentially. As the literacy rate is increasing, the awareness of the people regarding their rights and the obligations the state has towards them is increasing too. This has resulted in approaching the Court of Law in case of any violation, more frequently than it was seen in the past. Among the proportion of Pending Cases, major cases are related to the State or the Centre. There are many problems identified with the Administration of police which are frequently handicapped for the need of recent and technical equipment to accumulate evidence. Even with a lot of inspiring examples that are results of the police administration’s hard work and devotion, the lack of orderliness made by the old technology used by them and the slow rate of change cannot be overlooked. SOCIAL IMPACT OF PENDENCY The social environment is one of the most delicate forms of the environment which gets disrupted easily. Pendency also has social impact, such impact is related to the non-timely delivery of justice resulting in scant regard for the Rule of law and assets being locked into . This problem results in overcrowding of prisons due to many under trial prisoners because of the deficient infrastructure. SUGGESTIONS AS RESOLVE Pendency is a problem that requires different perspectives to be resolved, as it has many factors . All the problems that are major reasons for the increasing pendency rate can be dealt with some advancement in the procedure and perspective. A. JUDICIAL INTERVENTION: 1. Judicial administration The clogged legal system of our country can be unclogged by enhancing the existing situation and by providing a better environment to work. i.) For productivity enhancement: Due to lack of administrative support the productivity of the Judicial system can be enhanced again by some suggestive changes: a.) The number of days of work that is done in higher courts should be increased so the judicial officers are able to handle an increased number of cases by their end to overcome the pendency. ii.) Appointment: a.) In the thirteenth Finance Commission report it was mentioned that in view of enhancement in the management of the courts and resultant improvement in the disposition in the pendency can be dealt with the appointment of professionals in the name of court managers to assist the judges. A lack of staff is a major dent in the management of the courts. As per supreme court’s report, it was evident that the Subordinate courts were understaffed because of which the management of the courtrooms is difficult. This was a major step towards better management. b.) In accordance with the constitution of India i.e. Article 127 and 128 the Supreme Court and the High Court can act in order to appoint effective and efficient Judges with experience as AD-HOC Judges and presence of retired Judges. iii.) Definite time frame: Time is a factor that if used more than required, to complete a task, can create a problem. Similarly, in the judiciary, the consumption of the time by the Court more than required in one case creates the problem of pendency. There are many changes that can be adopted to resolve and reduce the problem of pendency at a higher rate. Those being: a) There should be a specification regarding the time consumption with regards to an offence and the trial proceedings. b) There should be an annual target and action plan for subordinate Judiciary and high courts for the disposal of cases every year which can make the pace of a case go a little faster, thus, coping up to the pendency. c) Stricter rules of conduct to be applicable to officials to ensure adequate performance in the duties and tasks which are a part of creating the problem of pendency. iv.) Strict regulation with regards to adjournment of the cases: As per the guidelines of the Code of civil procedure order number 17 of rules 1, the Court of law should provide adjournment of a case not more than three times to parties. There is an ignorance of the order in the practical practice that creates an opportunity for people to misuse and wastes the time of the Hon’ble courts by having adjournments more than three times in their respective cases. B. LEGISLATIVE INTERVENTION: 1.) There should be the establishment of new Non-Judicial bodies for the Subordinate Courts as well so that they are not indulged in completing the non-Judicial aspects of the trial. 2.) AIJS (All India Judicial Services) would benefit the Lower subordinate courts by increasing the quality of judges which will result in a reduction in the problem of pendency. C.) INFORMATION TECHNOLOGY (IT) INTERVENTION: Information technology is now a tool essential for modernisation of the judicial system. Judicial Administration can play a major role in making justice more accessible and transparent with the help of IT tools in the following way: 1.) Development and upgradation of the old technology can enhance effectiveness and efficiency of courts in the following way: i.) A planned timeline for e-courts, computerisation of documents and automation of technology will make justice delivery more responsive towards the need of litigants (eg. Virtual courts of Delhi). ii.) By changing digital infrastructure of the courts, the miscellaneous default that occurs sometimes due to which the court has to waste its time can be rectified. iii.) IT modification will result in more reliable data collection, better categorisation of cases on the basis of their urgency and priority , tracking and monitoring of cases will make the justice procedure litigant friendly. 2.) Increase in the Pace of the e-Court Mission Mode Project. The e-Courts National Portal additionally gives Training material to Judicial officials and staff, connections to District Court sites, and measurable reports that can be utilized as a Judicial administration data framework. This Portal is assumed to play a key job in achieving legal changes. 3.) The e-committee of the Supreme Court while searching for the resolution for the time consumption of the cases during their early stage, a mobile application called National Service and tracking of electronic processes were launched by them In light of the life span of the cases it was observed that a huge portion of it was spent at the starting of the trial while serving of notices. 4.) Redesigning the core operations: Filing of the cases via electronic medium. All the data relating to the status of the case, like, date of hearing, last notice/order, details of the court in which the matter is pending, documents submitted by the parties. D.) EXECUTIVE INTERVENTION: 1.) Infrastructure resolve: A quality infrastructure can help a person complete assigned work in the most effective and efficient manner possible. Similarly, in the Judicial System, the infrastructure plays an important role in the enhancement of delivery. Many resolves can be adopted with regards to the infrastructure: i.) Land for infrastructure is important and it is the duty of the state to provide such land for the formation of the Court Premises which is best suited. And due to lack of abundance of the ground the infrastructure should be undertaken to be vertical. Because of which there will be a more effective usage of space at the allocated land. ii.) The change in the low budget allocation towards the Judicial infrastructure has to be initiated as a result of which the depleted structure of buildings which is miserably grim due to which the Judges are unable to deliver quality judgments in the most efficient time can be exterminated. 2.) Appointment: The issue of pendency cannot be addressed unless the problem of the shortage in the appointment of the Judicial officers is dealt with. It is visible that the Judiciary lacks in the number of the Judicial officers and that is not compensated with the number of new appointments that are being done but a new framework is required to deal with the situation: i.) Appointment of new Judges in higher judiciary can be done by getting an optimal no. of judges appointed through democratic and transparent procedure that can handle the backlog of pendency in a very efficient and effective manner. ii.) The one hundred and twentieth Law Commission of India report also suggested the fixation of the judge strength formula. E.) RESOLVE FOR LITIGATION ISSUE: The resolution of the issue pertaining to the litigation is not result of the new cases, and more awareness of people regarding what can constitute an infringement in their right. It is also a result of the non-dealing of the existent cases in a quality manner. A person cannot be restrained from the filing of new case when they feel that their right has been violated. But the Executive, legislature and Judicial administration can play a major role in dealing with existing cases and newly filed cases in a planned manner: 1.) Pre-litigation Mediation can be a method that can be undertaken towards the reduction of the Pendency in the judicial system. In this method, Legal Services Authorities can regulate the inflow of the cases into court by conducting pre-litigation mediation. ADR should be followed in order to discourage litigation. 2.) For the settlement of the Civil and Family related matters, regularly organized Lok Adalats can be planned and enacted upon. This action will reduce the burden on the Judiciary and the System will be able to overcome the Pendency. 3.) There is a huge work load on the Judiciary as they have to deal with every possible claim irrespective of it being a minor claim or a major claim. This problem can be addressed by setting up Gram Nyayalayas, which can be an effective and efficient way to manage these claims from rural areas. 4.) Establishment of the Legal care and Support centres by the High Judicial system at the rural areas or village areas to address the very grass root level issues in order to make the State litigations more effective and friendly to the litigants. 5.) The Courts can improve their ability of management by utilizing the Administrative mechanisms Alternate Dispute Resolution (ADR), Lok Adalats, Gram Nyayalayas to their full potential. And set up more tribunals Fast Track Courts (FTCs) and Special courts for better managing the important cases in a faster and more efficient manner. ‘The need of the hour to mitigate the problem of pendency is to think out of the box’, said by Justice Chandrachud signifies that our obsolete ways to dispose of cases has resulted in clogging of the system and overburdening of the judiciary with pendency. We must contemplate and must take immediate steps to address and resolve these problems so that people don’t lose their faith in the judiciary and its power to impart justice. This article has made an effort by highlighting problems our judiciary has been facing with possible and practical solutions that may solve these existing problems, if implemented . Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
Myriam Borzee/iStockBy MORGAN WINSOR, ABC News(NEW YORK) — A pandemic of the novel coronavirus has now killed more than 1.1 million people worldwide.Over 43 million people across the globe have been diagnosed with COVID-19, the disease caused by the new respiratory virus, according to data compiled by the Center for Systems Science and Engineering at Johns Hopkins University. The criteria for diagnosis — through clinical means or a lab test — has varied from country to country. Still, the actual numbers are believed to be much higher due to testing shortages, many unreported cases and suspicions that some national governments are hiding or downplaying the scope of their outbreaks.Since the first cases were detected in China in December, the virus has rapidly spread to every continent except Antarctica.The United States is the worst-affected country, with more than 8.6 million diagnosed cases and at least 225,230 deaths.California has the most cases of any U.S. state, with more than 906,000 people diagnosed, according to Johns Hopkins data. California is followed by Texas and Florida, with over 892,000 cases and over 778,000 cases, respectively.Nearly 200 vaccine candidates for COVID-19 are being tracked by the World Health Organization, at least 10 of which are in crucial phase three studies. Of those 10 potential vaccines in late-stage trials, there are currently five that will be available in the United States if approved.Here’s how the news is developing Monday. All times Eastern:Latest headlines:‘Blatant disrespect’ for scientists led to COVID-19 confusion, deaths: WHODow down 720 points as COVID cases rise and stimulus hopes evaporateNew York’s micro-cluster strategy is working: CuomoWorld ‘should learn from Senegal,’ WHO epidemiologist saysChina testing entire city after a single asymptomatic caseEl Paso County imposes nighttime curfew as hospitals and ICUs fill upUS reports some 60,000 new cases after record-breaking surgeHere’s how the news is developing today. All times Eastern.Oct 26, 8:24 pm23 COVID-19 cases linked to Trump rallies: Health officialAt least 23 coronavirus cases have been linked to three outbreaks that occurred at Trump campaign events in Minnesota in September, Minnesota Health Department spokesperson Doug Schultz told ABC News.The outbreaks occurred at a Trump rally at Bemidji Aviation on Sept. 18, where 16 cases have been identified; a Mike Pence speech at a Minneapolis-Saint Paul airport hotel on Sept. 24, where three cases have been identified; and a Trump rally at Duluth Airport on Sept. 30, where four cases have been identified, Schutlz said.Two of the 16 who contracted the virus at the Bemidji event were hospitalized, according to the Health Department.Another outbreak occurred at a counter-rally that took place near the Bemidji event, where four cases have been identified, the Health Department said.One coronavirus case was linked to Joe Biden’s rally in Duluth on Sept. 18, and one case was linked to Eric Trump’s speech in Becker on Oct. 1, but the Health Department said these two cases were not classified as outbreaks.Since Sept. 12, the seven-day average of new cases in Minnesota has nearly tripled, increasing by almost 200% in the last six weeks. Minnesota health officials also reported a near-record increase of 2,268 confirmed COVID-19 cases in the state on Saturday.Minnesota’s health protocols currently cap gatherings at 250 people, even when outdoors, and masks are required in situations where physical distancing cannot be properly maintained.An official news release about Pence’s rally today in Hibbing, Minnesota, said that “all attendees will be given a temperature check, masks which they are instructed to wear, and access to hand sanitizer.”ABC News’ Soo Rin Kim and Arielle Mitropoulos contributed to this report.Oct 26, 4:49 pmStocks have worst day in a month as US virus cases soar to new heightsThe stock market had its worst day since Sept. 3, as COVID-19 cases spiked across the country and industries that needed a return to normalcy, like cruise lines and airlines, saw big losses.The Dow Jones Industrial Average closed 650 points lower, down 2.3%, to 27,685, while the S&P 500 fell 1.6% to 3,400 and the NASDAQ declined 1.6% to 11,358.ABC News’ Rebecca Jarvis contributed to this report.Oct 26, 4:16 pm‘We have never been as vulnerable as we are right now’: Salt Lake City mayorFollowing record-breaking COVID-19 cases and hospitalizations this week, Utah’s hospitals are reaching capacity, according to Salt Lake City Mayor Erin Mendenhall.Gov. Gary Herbert plans to open a field hospital for overflow patients if hospitals become overrun, but Mendenhall stressed that extra beds “don’t do anything to save lives” without additional health care workers to treat them.According to the Utah Hospital Association, 20% to 30% of hospital staff aren’t able to go to work because either they or a family member has contracted the virus.“Nurses and doctors are working extended hours, around the clock,” Mendenhall told ABC News Live’s “The Breakdown.” “They are exhausted.”ABC News’ Terry Moran contributed to this report.Oct 26, 2:00 pm‘Blatant disrespect’ for scientists led to COVID-19 confusion, deaths: WHOCountries in the northern hemisphere, particularly in Europe and North America, are seeing a concerning rise in infections and hospitalizations, as well as dwindling ICU beds, Dr. Tedros Adhanom Ghebreyesus, director general of the World Health Organization, said during a news conference in Geneva.“Last week saw the highest number of COVID-19 cases reported so far,” Tedros said.When leaders act quickly, the virus can be suppressed, he noted. On the other hand, Tedros added, “Where there has been political division at the national level, where there has been blatant disrespect for science and health professionals, confusion has spread and cases and deaths have mounted.”ABC News’ Christine Theodorou contributed to this report.Oct 26, 1:14 pmDow down 720 points as COVID cases rise and stimulus hopes evaporateThe Dow was down 720 points today, or 2.5%, as COVID-19 cases and hospitalizations rose nationwide. At the same time, Americans’ hope for a second round of stimulus checks evaporated.“It looks like the clock’s run out” on a stimulus deal before the election, according to market research firm Fundstrat, and investors have turned pessimistic again.Among the only stock market winners today is Zoom, up 2.5%, as the company continues to benefits from Americans working from home, while most other industries, including airlines and restaurant chains, struggle. Even tech giants Apple, Microsoft and Alphabet (Google), which have been relatively insulated from the pandemic, are slightly down today.ABC News’ Rebecca Jarvis contributed to this report.Oct 26, 12:37 pmNew York’s micro-cluster strategy is working: CuomoCOVID-19 testing positivity has fallen to 3.25% in New York’s red zones, Gov. Andrew Cuomo said during a Monday news conference. The state’s overall testing positivity rate is 1.18%, among the lowest in the nation during a time when daily cases, hospitalizations and testing positivity rates are rising around the country.“The easiest way to control with the maximum benefit is to wear the mask,” Cuomo said. Despite the fact that New York’s micro-cluster approach to stemming the virus’ spread appears to be working, the governor said he’s concerned about the upcoming holiday season.“We have one of the lowest rates in the country,” Cuomo said. “I’m concerned about everybody else.”Oct 26, 10:08 amPence tests negative, after close aides infectedU.S. Vice President Mike Pence and his wife both tested negative for COVID-19 again Monday morning, according to a spokesperson.The negative results come after at least five people within Pence’s orbit were found to be infected as of Saturday night.Multiple sources familiar with the matter told ABC News that four of Pence’s staff members tested positive for COVID-19, including his chief of staff Marc Short as well as the vice president’s “body man,” a position that often represents an individual who is the closest aide to the office holder.Pence’s “body man” and two additional staffers who tested positive have been quarantining since last week, the sources said.ABC News’ Katherine Faulders and John Santucci contributed to this report.Oct 26, 9:13 amTrump’s chief of staff admits US is ‘not going to control the pandemic’As COVID-19 infections surge across the nation, White House chief of staff Mark Meadows admitted Sunday that the United States is “not going to control the pandemic.”“We’re not going to control the pandemic. We are going to control the fact that we get vaccines, therapeutics and other mitigations,” Meadows said in an interview on CNN’s State of the Union.When pressed on why the Trump administration wasn’t going to get control of the pandemic, Meadows said: “Because it is a contagious virus.”Oct 26, 8:15 amFrance may actually have 100,000 new cases per day, government advisor saysFrance’s public health agency said Sunday that it had confirmed another 52,010 cases of COVID-19 in the past 24 hours, the highest daily increase the country has seen since the start of the pandemic.However, Dr. Jean-Francois Delfraissy, who heads the scientific council that advises the French government on the pandemic, told France’s RTL radio on Monday morning that, in reality, the country may have an estimated 100,000 new cases per day due to undiagnosed cases and asymptomatic infections.Delfraissy said that France is in a “very difficult, even critical, situation.”As of Sunday afternoon, France’s public health agency had confirmed a total of 1,138,507 cases with 34,761 deaths. More than 12,000 patients remained hospitalized with COVID-19, including at least 1,816 in intensive care.The European nation has the fifth-highest tally of diagnosed cases, after the United States, India, Brazil and Russia, according to a count kept by Johns Hopkins University.Oct 26, 7:45 amWorld ‘should learn from Senegal,’ WHO epidemiologist saysAs the novel coronavirus spreads rapidly across the United States, a top infectious disease epidemiologist is praising the successful testing and diagnosis strategy of a West African nation.“We can & should learn from Senegal,” Maria Van Kerkhove said on her official Twitter account Sunday.And we should learn from … … …— Maria Van Kerkhove (@mvankerkhove) October 25, 2020Van Kerkhove’s tweet included a post from the WHO’s Regional Office for Africa about the challenges Senegal faced at the onset of the coronavirus pandemic and how the country has taken steps to strengthen its testing through digitization, decentralization and fast results.In another tweet, Van Kerkhove said the world should also learn from Thailand, Vietnam, Laos, Cambodia, Australia, New Zealand, Germany, South Korea, Japan, Rwanda, Uruguay, China and Singapore.Oct 26, 7:17 amChina testing entire city after a single asymptomatic caseAll 4.7 million residents of a city in China’s northwest Xinjiang region are being tested for COVID-19 after a single asymptomatic case was detected there, officials said.Local authorities launched the mass testing program in Kashgar, after a 17-year-old girl who didn’t have any symptoms tested positive for COVID-19 on Saturday during a routine screening at the garment factory where she works.By Sunday afternoon, another 137 asymptomatic cases were identified in Kashgar — all linked to another factory where the girl’s parents work, according to a statement from Xinjiang’s regional health commission. It’s the highest number of asymptomatic COVID-19 cases reported in a day in China in more than six months.Testing of the entire city is expected to be completed by Tuesday. At least 2.8 million people have been tested so far, according to Xinjiang’s regional health commission.Meanwhile, lockdown measures have been imposed and all schools in the region are closed until Friday.Oct 26, 5:57 amEl Paso County imposes nighttime curfew as hospitals and ICUs fill upA nightly curfew has been issued for El Paso County in Texas, where COVID-19 infections have exploded in recent weeks.El Paso County Judge Ricardo Samaniego ordered all residents to stay home between the hours of 10 p.m. and 5 a.m., starting Sunday night, for the next two weeks to help prevent further spread of infection. The curfew is not applicable for those traveling for work or essential services. Only one person per household is allowed to access essential services at a time.A fine of $250 will be handed down to those who aren’t wearing a mask and $500 for any other violations of the order, Samaniego said.El Paso County has seen a 160% increase in COVID-19 positivity rates since Oct. 1, as well as a 300% jump in hospitalizations. As of Saturday night, all hospitals and intensive care units in the area had reached 100% capacity, according to Samaniego.“The purpose of the curfew is to limit mobility in the community,” Samaniego said during a press conference Sunday night. “Currently, our hospitals are stretched to capacity.”Oct 26, 5:06 amRussia’s daily case count hits new record highRussia confirmed 17,347 new cases of COVID-19 in the last 24 hours, setting a new national record, according to the country’s coronavirus response headquarters.The country’s previous record of 17,340 new cases was set on Thursday.An additional 219 deaths from COVID-19 were also registered in the last 24 hours, down from Wednesday’s peak of 317, according to Russia’s coronavirus response headquarters.Moscow remains the epicenter of the country’s outbreak and recent surge. More than 30% of the new cases — 5,224 — and over 28% of the new deaths — 62 — were reported in the capital.The nationwide, cumulative total now stands at 1,531,224 cases with 26,269 deaths, according to Russia’s coronavirus response headquarters.The Eastern European country of 145 million people has the fourth-highest tally of COVID-19 cases in the world, behind only the United States, India and Brazil, according to a real-time count kept by Johns Hopkins University.Oct 26, 4:36 amUS reports some 60,000 new cases after record-breaking surgeThere were 60,789 new cases of COVID-19 identified in the United States on Sunday, according to a real-time count kept by Johns Hopkins University.The latest daily tally is nearly 23,000 less than the previous day and falls under the national record of 83,757 new cases set on Friday.An additional 914 fatalities from COVID-19 were also registered nationwide Sunday, down by from a peak of 2,666 new deaths in mid-April.A total of 8,636,168 people in the United States have been diagnosed with COVID-19 since the pandemic began, and at least 225,230 of them have died, according to Johns Hopkins. The cases include people from all 50 U.S. states, Washington, D.C. and other U.S. territories as well as repatriated citizens.By May 20, all U.S. states had begun lifting stay-at-home orders and other restrictions put in place to curb the spread of the novel coronavirus. The day-to-day increase in the country’s cases then hovered around 20,000 for a couple of weeks before shooting back up and crossing 80,000 for the first time on Oct. 23.Over the weekend, the country reported more than 83,000 new cases two days in a row.Copyright © 2020, ABC Audio. All rights reserved.
Previous Article Next Article New rules on monitoring have led to cries of snoopers’ charter from civilrights campaigners and trade unions. Malcolm Pike and Joe Glavina ask, are theyjustified?The need for employers to be able to carry out lawful monitoring of theirtelephone, e-mail and other electronic communications has long been recognised.The new business-friendly Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 (“the Regulations”)that have recently come into force give employers wide monitoring powers thatcan be exercised without the need to get consent of employees. Notsurprisingly, this has led to cries of a snoopers’ charter from civil rightscampaigners and trade unions alike. But are they justified? When introducing the new rules the Government intended balancing theinterests of employers (to carry out monitoring) with the interests ofemployees (to enjoy privacy) and they extended the consultation period to besure they got it right. The result is legislation that appears to be significantly biased towardsemployers. However, they should not be considered in isolation. The key pointis that these new rules represent just one dimension to the privacy-relatedlegislation protecting employees’ rights in this country. Taken together with the Data Protection Act 1998 (“DPA”) and theHuman Rights Act 1998 (“HRA”), the overall package is far from asnoopers’ charter. Background: the Regulation of Investigatory Powers Act 2000 (RIPA). The Regulation of Investigatory Powers Act 2000 (“RIPA”) came intoforce in October 2000 and established the new legal framework governing theinterception of communications. Basically, it reflects changes that have takenplace in the communications industry over the past 15 years. It sets out therules regarding recording, monitoring or diverting communications in the courseof their transmission by way of a public or private telecommunications system,and so brings private businesses within the scope of regulation. Most employersoperate an office network that is linked to the public network and so RIPAapplies to those networks (although an entirely self-standing system, such asan office intranet, is not covered). RIPA, which is in five parts, implements Article 5 of the TelecommunicationsData Protection Directive (97/66/EC) and repeals the existing arrangements forthe interception of communications that were established by the Interception ofCommunications Act 1985. In brief, the Directive requires member states toprotect the confidentiality of communications and specifically prohibitsactivities such as recording or tapping by others. In the past, businessesoperating private telecoms systems were at liberty to carry out monitoring ontheir own systems. Under RIPA, however, businesses will now need to ensure that their actionsare legally authorised. An employer that unlawfully intercepts a telephone callor e-mail on its own system risks being sued by the maker or sender, or therecipient or intended recipient. The remedy is an injunction or, if theclaimant can show they suffered a loss as a result of the interception,damages. According to the new regime, monitoring may be authorised in two ways:either with consent under RIPA, or, alternatively, in certain circumstances,without consent under the Regulations. In the case of monitoring with consent,RIPA requires the employer to have reasonable grounds for believing that boththe sender and the intended recipient have consented. The obvious problem foremployers will be communicating effectively with third parties outside theworkplace. As a minimum, companies would need to give third-parties a clear opportunityto refuse consent and to be able to continue with the communication withoutbeing monitored. Apart from the cost, this poses a number of practicaldifficulties and, for this reason, the Regulations, which dispense with theneed for consent in various circumstances, are far more important for employersintending to carry out monitoring. The Lawful Business Practice Regulations The purpose of the Regulations is to provide for circumstances where it willbe lawful for businesses to intercept communications without consent. Theconsultation paper published in the summer provided a draft of the Regulationsbut came under heavy criticism from businesses for failing to allow routineinterceptions for operational purposes such as backing up, forwarding e-mailsto the correct destination and checking voicemail systems during staff absence.The lobbying was successful and while employers are still required to informstaff, the final version of the Regulations gives businesses very wide scopefor carrying out monitoring without consent. Authorised interceptions The Regulations authorise employers to monitor and record the contents of acommunication without consent for the following purposes: – To establish the existence of facts – for example, keeping records of theterms of an agreement discussed over the telephone. – To ascertain compliance with regulatory or self regulatory practices orprocedures relevant to the business – for example, monitoring to enable theemployer to check the business is complying with its own policies (its owne-mail policy for example). – To ascertain or demonstrate standards that are or ought to be achieved bypersons using the telecoms systems – for example, monitoring for purposes ofquality control or staff training. – To prevent or detect crime – for example, monitoring staff e-mails todetect evidence of fraud or corruption or preventing the downloading andpublication of pornographic material from the Internet. – To investigate or detect the unauthorised use of the telecommunicationssystem – for example, monitoring to ensure that employees do not breach companypolicies. In practice, this is likely to prove the most important source ofauthority for employers and will allow them to monitor employees’ e-mails aspart of a disciplinary investigation. But for this authority, an employer thatcarried out monitoring without consent as a means of gathering evidence wouldrisk an employment tribunal finding any subsequent dismissal to be unfair byreason of the unlawfulness of the investigation (leaving the employer with onlya contributory fault argument). – To ensure the effective operation of the system – for example, monitoringfor viruses or to prevent hackers. TheRegulations also authorise businesses to monitor, but not record, withoutconsent in the following two situations: – For the purpose of determining whether or not the communications arerelevant to the business – for example, checking e-mail accounts to accessbusiness communications in the absence of staff. – For the purpose of monitoring communications to a confidential anonymouscounselling or support helpline – for example, charities that provideconfidential or welfare helplines where there is a need to monitor calls totheir counselling helplines in order to protect their staff. The requirement to inform staff before monitoring While the Regulations dispense with consent, businesses intending to carryout monitoring without consent must nevertheless make all reasonable efforts toinform “every person who may use the telecommunications system inquestion” that monitoring may be carried out. The draft version of the Regulations required not only the employer’s staffto be informed but also the third-parties to the communication. Notsurprisingly, businesses were concerned about the additional costs of settingup systems to inform third parties and the practical difficulties involved. For example, while it might be easy in relation to telephone calls to play arecorded message that informs the user that the call may be recorded, it wouldbe more problematic in relation to e-mails sent by third parties to thecompany. How does an employer inform the sender before the e-mail is despatchedthat the e-mail may be intercepted? Although the duty is to make “all reasonable efforts to inform”,the Government bowed to pressure and dropped the requirement to inform thirdparties. It did, however, retain the requirement for employers to inform theirown staff and this is now a key feature of the new regime. For most, it shouldbe relatively straightforward and can be achieved by implementing an effectivecommunications policy (for example, an e-mail policy that extends to Internetand telephone use) and taking the usual steps to bring it to the attention ofstaff. In light of these new rules, existing policies of this type should bechecked, and if necessary, amended, to refer specifically to the Regulations,or at least to reflect the scope of any monitoring that the employer intendscarrying out. The Data Protection Act 1998 It is important to realise that compliance with the Regulations does not givecompanies carte blanche to carry out monitoring. Companies recording telephonecalls or filtering e-mails will almost certainly be processing personal datafor the purposes of the DPA. Obtaining or recording communications by means of automated equipment andholding or processing personal data after the initial interception has takenplace will fall within the data protection legislation that says thatprocessing should be both lawful and fair. The Data Protection Commissioner published on her Website on 9 October adraft code of practice on the use of personal data in employer/employeerelationships that specifically considers the question of e-mail and telephonemonitoring. Unfortunately, the Regulations were published too late for the Commissionerto take them into account and it remains unclear how the Regulations and theDPA inter-relate. A prime concern is that monitoring that is lawful under, andin compliance with, the Regulations could still be in breach of the DPA. It is to be hoped that when the final version of the code is published,following a period of consultation that ends on 5 January 2001, this issue willbe clarified. In the meantime, companies carrying out monitoring in compliancewith the Regulations will have a strong argument that processing is”necessary for purposes of legitimate interests pursued by the datacontroller” and so lawful under the DPA too. Nevertheless, as the assistant data protection commissioner has been atpains to point out, that only clears the lawfulness hurdle: staff still have tobe treated fairly. The code sets out a list of data protection standards (forexample, suggesting as a first step that employers carry out”traffic” monitoring to determine whether the system is being abusedwhich, if followed, would help achieve fairness. So, mere compliance with the Lawful Business Practice Regulations is notnecessarily enough. Employers need to be aware that they should only bemonitoring where there is a real business need and the methods used should beproportionate and not unduly intrusive into an employee’s privacy. Human Rights Act 1998 Whilst the Human Rights Act does not create direct obligations towardsemployees outside the public sector, employment tribunals will be required tointerpret existing UK employment law in line with the principles of theEuropean Convention on Human Rights and its associated case law. Article 8 of the Convention provides for the right to respect private andfamily life, home and correspondence and this extends to the workplace. Thecase law under the Convention, however, makes it clear that employees cannotexpect privacy if they are made aware that their employer reserves the right tocarry out monitoring. This means that employers who comply with the LawfulBusiness Practice Regulations and who implement a communication policy whichthey bring to the notice of their staff are unlikely to breach the right toprivacy. On a cautionary note, there is a hidden trap, however. Employers thatimplement a policy but do not carry out monitoring may be feeding a falseexpectation of privacy. If monitoring is introduced at a later date then staffshould be issued with a further warning. Conclusion Given the absence of case law under the HRA and the failure of the DataProtection Commissioner’s code to address the Lawful Business PracticeRegulations, the privacy laws relating to monitoring could be clearer but theyare far from being a snoopers’ charter. The requirement to make “allreasonable efforts” to inform staff (Lawful Business Practice Regulations)and the rules of proportionality (HRA and DPA) provide significant protectionfor staff. Provided employers have a legitimate reason for monitoring and clearpolices that are communicated to staff there should be few complaints. Malcolm Pike is a deputy managing partner and Joe Glavina is aprofessional support lawyer at Addleshaw Booth Comments are closed. Monitoring: A snoopers’ charter?On 1 Dec 2000 in Personnel Today Related posts:No related photos.