How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48201
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

A colleague who happens to be my brother has accessed my iphone

Resolved Question:

A colleague who happens to be my brother has accessed my iphone without my permission and has taken copies of text messages and gmail account emails and forwarded them to my boss - where do I stand?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Why has he done that? What was the nature of the correspondence sent over?

Customer: We don't get on and he is trying to cause trouble - the email he sent was a job vacancy enquiry which he has now sent to my boss although the email is dated July 2012. But to find he email he has obviously had a good look through! My text messages are personal and to my husband but again he has had to have a right look through!
Ben Jones :

Is it a personal phone? Was it done in work or in personal time do you think?

Customer: It is a personal phone but I am not sure when it was done ... I believe I may have left my phone at work by mistake but he has worked out the pass code and gained access
Ben Jones :

is the employer taking any action against you as a result?

Customer: Not that I am aware of at the moment
Ben Jones :

The best way to deal with this is though the employer’s internal grievance process. It is used to bring a complaint about the employer or a colleague, to do with work-related matters. This then prompts the employer to investigate the complaint and hold a grievance hearing where you will be asked for further details and they can then eventually decide what, if any, action to take. They could for example decide to discipline the other employee if they are found to be in the wrong and issue them with a warning.

What you would be complaining about here is the breach of trust and confidence on their part, the fact that they have obviously had unauthorised access to your personal phone and distributed personal information about you to others, without any reasonable justification.

Customer:

Am I able to get the police involved?

Ben Jones :

they are unlikely to get involved in this, fr them it would not be something they would deal with, it is not really a criminal issue where someone has done this for their own benefit, like accessed your phone to make a financial gain let's say

Customer:

Even though he deliberate accessed my Gmail account on my phone without my permission ... which I would never have given him anyway.

Customer:

I also don't know what other info he has taken off my phone?

Ben Jones :

Even in that case, for them this would be a trivial matter which would be best left for resolution with the employer - you have nothing to lose by reporting it but I am just telling you what you should likely expect if you do

Customer:

Thank you - the employer is my Dad ... awkward!

Ben Jones :

yes it is....hopefully he can resolve this

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

you have answered it but I am slight disappointed that that is all I can do. I did read a case in the US where a guy accessed his wife's emails without permission and ended up with 5 years ... was hoping for something along those lines!

Ben Jones :

US/UK laws - very different ...as I said you can report it to the police, the worst they would say is they can't help and that's that, which is also the likely outcome, but 5 years in jail for that over here - no chance

Customer:

shame! thanks anyway

Ben Jones :

you are welcome, all the best

Ben Jones and other Law Specialists are ready to help you