Seeking damages of £35,000, the former Councillor
claimed breaches of the Human Rights Act, the Data Protection Act
and the Regulation of Investigatory Powers Act. But the judge ruled
last month that the monitoring was legitimate, according to a
report by Herts and Essex News Online.
Mr Shepherd had argued that the offending images were downloaded
as legitimate research into condom sizes, pursuant to his role as a
health spokesman. But the Court considered this implausible,
according to the news report, and accepted that the Council's
monitoring was lawful to prevent breaches of its code of conduct
which prohibits accessing pornography.
The Judge awarded legal costs against Mr Shepherd – which the
Council estimates at around £20,000 – and refused his request for
an appeal.
“As a publicly-funded organisation the Council has a duty to
ensure that Councillors and staff use Council funded IT equipment
appropriately,” said the Council in a statement. “The Council has
robust policies in place to ensure use of computer equipment is
monitored and action taken when misuse occurs. These policies were
correctly enforced by our staff."
