Some legal advice re emails

[Hidden_01]

Been advised to post in here.

Any advice is gratefully recieved.

www.pistonheads.com/gassing/topic.asp?t=316279&f=141&h=0

Cheers

[eliminator]

If the laptop belongs to the business then content of the hard drive can be accessed and read. Anything that is found is admissible as evidence in any legal action. If the emails are web-mail then they are the property of the person and if the material is obtained using illegal methods it is tainted. The material can still be used in a criminal prosecution (with the consent of the Judge) but the person who obtained the information can be subject to criminal action with respect to the illegal act of obtaining the data.

What was the status of the relationship with these persons - employees or partners?
Did you have a contract?
Is this activity clearly in breach of the contract?

Take legal advice on this one, and soon.

[justinp1]

Having read the lengthy account, and an interesting read it is, this would be my advice:

Whilst I personally am happy giving my own experience and education from a legal standpoint, this situation is WAY bigger than someone picking up 3 points on their licence.

Whilst I do not doubt that some people on here can point you in the right direction and may give you some ideas, the serious nature of the case in both the financial outcome of civil proceedings and possible criminal proceedings, despite the helpful nature of this forum, you really need to get your own confidential legal advice, and so does your friend.

You have given a lot of detail about what has gone on and all it takes is for someone to realise they are connected or even worse realise in a years time that this has been discussed and you have revealed details it would be in your best interests from a legal standpoint to never admit you knew. This is of course a public forum, and the 'behind the scenes' discussion of a pending legal case on another legal internet forum was actually used in evidence against someone on a perverting the course of justice case.

Feel free to continue the thread if you see fit and of course this should not stop people from continuing the thread with responses, however although I know 'a bit' and enough to maybe contribute, I do not feel it would be best to offer advice with the knowledge that the seriousness of the outcome if my advice was found to be misguided. This really needs a professional to make sure that you position is not made much worse by further involvng you in this situation, and if a were a professional, due to the highly sensitive nature of what is going on, a private email would be by far the most prudent way of communication.

[bluepolarbear]

You are not allowed to "snoop" on employee emails unless you have good reason, you also need to ensure you have a policy on how and what employees can do with their IT equipment. Employees have a right to privacy while at work under the ECHR laws.

IMHO you are OK, you have a good reason incl fraudlent use of the cheque book. It is your IT equipment so there are no issues under the computer misuse acts etc. Whether you can use the information in court is a different matter. You may struggle to demostrate continuity of evidence and it may be open to being discredit in court.

That's may understanding but it would appear serious enough to warrent professional advice.

[streaky]

bluepolarbear said:

You are not allowed to "snoop" on employee emails unless you have good reason, you also need to ensure you have a policy on how and what employees can do with their IT equipment. Employees have a right to privacy while at work under the ECHR laws.

Comply with the guidance issued by the Information Commissioner and ensure employees are aware (ideally in their contract) of your right to intercept and monitor emails ... and you're generally OK. The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 ("LBP Regulations" gives authority to a business to intercept emails (and other forms of communications) for the following main purposes:
* to provide evidence of a business transaction
* to ensure that a business complies with regulatory procedures
* to see that quality standards or targets are being met
* in the interests of national security
* to prevent or detect crime
* to investigate the unauthorised use of a telecom system
* to secure the effective operation of the telecom system

Hope this helps - Streaky

[Hidden_01]

Cheers Guys.

The producer was not an employee and had no contract. But the computer was never authorised for him to put a password or put his own email settings on it. He was only supposed to be using it for office admin concerning the projects he was supposed to be working on. He never asked permission from the director or myself as to locking off the company account for his own use (he locked off the company user account despite not being a director or having any connection with the company)

He is making allegations that the material was "hacked" from the laptop after he returned it, (which it wasn't).

Surely if the laptop belongs to someone, and resides in and office of a company belonging to that individual, then it is theirs to do what they want with?

[bluepolarbear]

If he is not an employee then you can do want you want. In fact I would say the producer could be in trouble under the computer misuse act for putting a password on the machine.