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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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can an employer legally hack into your private mobile phon

Customer Question

can an employer legally hack into your private mobile phone
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :


Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know if you can explain your situation a little more?

JACUSTOMER-njjewykf- :

hi

JACUSTOMER-njjewykf- :

yes I can explain my situation a bit more

JACUSTOMER-njjewykf- :

line manager infirmed me on Monday that I was been investigated for flexi abuse.

JACUSTOMER-njjewykf- :

only area I can think of that might be perceived as possibly inappropriate is my usage of my mobile phone. Not a work phone

JACUSTOMER-njjewykf- :

plse advise

JACUSTOMER-njjewykf- :

Plse note the consequences for flexi abuse is possibly dismissal.

JACUSTOMER-njjewykf- :

how long do you think you will need to be able to reply. Max time? Approx time?

JACUSTOMER-njjewykf- :

plse

Ben Jones :

Hello again, do you actually have evidence that the phone has been hacked into? Also what do you mean by hacking - what do you think they have done to it or what information are they using from it?

JACUSTOMER-njjewykf- :

Monitoring wifi calls from my private phone while at work. I do not access my work e mails from my private phone.

Ben Jones :

It would be illegal for an employer to monitor your private phone. The use of monitoring equipment in the workplace will be covered by the Data Protection Act 1998 (“DPA”) as it would involve the processing of personal data. As such, the employer must adhere to a number of principles set out in the DPA, which include:

  • obtaining the data fairly and lawfully;
  • informing employees of the types of monitoring that are being used;
  • using the data obtained from monitoring only for a specific purpose;
  • limiting the data to adequate and relevant data; and
  • not holding the data for longer than necessary.

An employee may only try and prevent the monitoring from taking place if it breaches any of the DPA principles or if it is carried out in a way that is causing or is likely to cause substantial damage and distress to them or any other person.

Also, there is the issue of human rights. Under human rights legislation every person has the right to private life so if there is evidence that an employer has invaded that privacy the employee could take action against their employer. General monitoring that is justified and that meets the criteria set out above is unlikely to invade one’s privacy, but covert monitoring or monitoring where some privacy could be expected, such as private phone use, is likely to be unreasonable and possibly unlawful.

If you work at a military base the only reasonably and legal way to hack into your private phone is if this was done for security issues, for example if there is legitimate cause to believe that it is necessary to protect national security.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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