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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3472
Experience:  Solicitors 2 years plus PQE
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Concerning a company mobile phone, who has the rights to personal

Customer Question

Concerning a company mobile phone, who has the rights to personal texts and photos ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

a friend (honest) has been silly enough to use his company mobile like it was his. He has recently resigned and his company his using personal texts e.g. between himself and his son, some very heated exchanges. Also publishing personal photos. Does he have any rights to these personal things ?

Expert:  Jo C. replied 2 years ago.
What are they doing with them ?
Customer: replied 2 years ago.

The company has sent them to a solicitor, who has reproduced them and are building a case against him for breaking his employment contract. I believe this to be immoral but is it legal to use his personal stuff against him ?

Expert:  Jo C. replied 2 years ago.
I think this is probably an employment issue then.

I will pass this onto our employment specialist for you.
Customer: replied 2 years ago.

Jo this is not working for me, just law have taken my money. I am due in a meeting at 13.00. Can please answer yes or no to this question. Does an individual using a company owned mobile phone have any rights to the personal stuff on it ? Thank you

Expert:  Alex J. replied 2 years ago.

Hi, Thank you for your question and welcome. My name is XXXXX XXXXX I will assist you. Anything on the phone that is obviously private/personal should either be returned or destroyed by the company. If the individual should not have been using the phone for personal use, there is no real obligation on the company to return it unless they are required to do so under as a contractual right under the employees employment contract. If the stuff concerned is obviously personal then the departing employee should request that it is at least destroyed and not distributed any further. Even if it is on a work phone the employee has a reasonable expectation that messages that are obviously private should remain so. Can I assist any further? Kind regards AJ

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