Employment Lawyers Can Answer Your Employment Law Questions
Hi thank you for your enquiry and your patience. Is your husband communicating with the union using one of the 3 work emails or his personal email? Is the laptop a work laptop and he has permission to use it whilst out of work?
hi, that is a breach of his privacy, confidentiality and personal data. As private communication meets the definition of personal data as described in Article 4 of the GDPR, the employer would need to prove that they had a lawful ground to collect and monitor the information they got from his email - I doubt they can here. If it was known to them that he did use his personal email address on the work laptop they would have had to exercise caution when accessing his computer and to not progress should his emails had opened. His communication with the Union should be privileged and as such it was not intended for them and they should not have accessed them. Now all this should be considered in the context of use of personal emails on work equipment. The employer will have a policy on how employees could or could not access own private emails through the work resources and the implications of having done so. If there was an inadvertent error in opening emails on the laptop at work under the understanding the emails related to work then they could have a defence, tef if they have gone into the email more than the once and have admitted to the same then that would not be acceptable. I would urge him to check the work policies on use of work computers/laptops for personal use and then call the ICO to explain your situation as they will be able to guide him on whether it is worth taking it further.
I hope this is useful and I would be grateful for your rating at your earliest convenience. All the best
You are welcome. If it is not too much trouble may you kindly rate by clicking on the row of stars at the top on your screen in order for JA to acknowledge your feedback. All the best to your husband.