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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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Can someone legally post textx or emails Ive sent to them

Customer Question

Can someone legally post textx or emails I've sent to them online for everyone to see?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
-Could you explain your situation a little more?

Customer: replied 4 years ago.

Someone has been posting screenshots of text messages I have sent to him on a blog. On this blog he has also posted many false statements about me and things I have supposedly done

Expert:  Jo C. replied 4 years ago.
He is free to post your texts anywhere he likes.

If you sent them to him and he has access to them lawfully then he can show them to anybody he likes as publicly as he likes.

He does not owe you a duty of confidentiality I'm afraid.

Customer: replied 4 years ago.


what if I now send him a message telling him that I do not want him to post them?


 


 


at work, we have a disclaimer at the end of emails forbidding recipients from disclosing information to a third party. Can I do this on any future communication?

Expert:  Jo C. replied 4 years ago.
It would make no difference.

You sent him the texts. He can do what he likes with them.

You cannot prohibit a person from disclosing the messages that you send.

I'm really sorry but if you don't want others to see the messages you send, don't send them.
Customer: replied 4 years ago.


so why is there a disclaimer on emails where I work? Does that mean that in,free to share emails people send me,to anyone else, even though it says at the bottom,that I'm not allowed to?

Expert:  Jo C. replied 4 years ago.
It would depend on the circumstances but usually that only arises where the DPA applies.

If these are just personal messages then you shouldn't have sent them if you didn't want others to see.
Customer: replied 4 years ago.


what is dpa?

Expert:  Jo C. replied 4 years ago.
Data protection act.

It doesn't apply to personal communications and not all business communications.
Customer: replied 4 years ago.

What about a breach of confidence?


If I impart information to someone and tell them that it is confidential, don't I have some grounds because they have now breached my confidence?

Expert:  F E Smith replied 4 years ago.
Good evening

You have opted my colleague out. I have read the answers above and they are correct.

He can do as he wishes with these messages as you have sent them to him.