THE handling of employers' rights to monitor employees' e-mails has been criticised by the Institute of Directors.

The Regulation of Investigatory Powers Act lays down sensible rules in this area, but the Information Commis-sioner is delaying publication of a code of practice, it claims.

Richard Baron, deputy head of the policy unit at the IoD, said: "Employers really need this code of practice because they do not just have to comply with the Regulation of Investigatory Powers Act.

"They must also be aware of the Human Rights Act, with its rules on privacy, and they must handle the interaction between these two Acts." He said employers may find themselves trapped in the "whirlpool".

He said employers need guidance and protection against being sued by employees for invasion of privacy when they are simply monitoring e-mails in order to run their businesses properly.

He said: "The Information Commis-sioner published a highly restrictive draft code of practice last year.

"She has now indicated that although part of the final code may appear in the middle of this year, the full code is unlikely to appear before the end of the year. It is good that she wants to take full account of the responses to the draft, but it is very bad to leave businesses without guidance."

Mr Baron called on the government to act swiftly to ensure that no employer who has complied with the Regulation of Investigatory Powers Act can be sued while the code is still being finalised.