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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Can an employer go through your personal email / skype logs

Customer Question

Can an employer go through your personal email / skype logs and use them against you in a disciplinary or court setting?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today.

Customer:

Were you using these sites during work time and how long have you worked there for?

JACUSTOMER-idqtye74- :

Hi,
Yes, and about 1.5 years

Customer:

Hi is this a hypothetical question or does it relate to an issue you currently have?

JACUSTOMER-idqtye74- :

an issue that we currently have ... basically we have a company setup while we were working there, and they are now trying to do us for Passing Off, and we have found out that they are going through our personal emails / skype logs - we have since resigned from the company however.

Customer:

Ok thanks, ***** ***** suggest that you look at the employer's email use or electronic communcation policy as many will allow for monitoring if the emails were sent during work time. In addition the Data Protection Act allows monitoring if it is not covert or excessive. Clearly if the policy allows it it cannot be deemed to be covert. If you were carrying out activities which could harm your employer whilst employed you were in breach of a contractual duty of trust and confidence and it is my view that it would not be deemed to be excessive to look at your communications in those circumstance.

Customer:

You could try saying you think it is and report to the Information Commissioner for clarification of the point.

Customer:

Please let me know if you would like to know anything further about this.

JACUSTOMER-idqtye74- :

Ok thats fine - thanks for that.

taratill and 2 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Just a quick follow up question - if these were password ***** in my personal account - would they be allowed to hack into it ?

Expert:  taratill replied 3 years ago.
Hi this is a difficult question to answer. I think you would need to seek advise from the information commissioner on this point as it could be deemed to be excessive. You will find the details at www.ico.gov.uk