Gwilo

Scenario:

You send an email to someone, clearly stating that the contents of the email are in confidence and not to be forwarded etc.

the recipient then turns round and states
"you can't expect me to keep that private, I'm going to make it public knowledge".

What's the legal position? Have they contravened the DPA? Can I tear them a new butthole?

signed
Seething in Fotheringham.

__________________

robmawer

The DPA wouldn't cover this.

With regards confidentiality, it could be covered by various contractual agreements if it's another employee...depends who it was and what you told them. If you tell us this we might be able to give more specific advice...


Rob.

__________________

Kandy

Without knowing the content/circumstances - private/profressional etc.;- but regardless it's 'unlikely' to be covered by DPA (or that you'd achieve much even if it were).

Google 'UK Law Breach of Confidence' - you'd be talking about bringing a private action under common law (I think from memory) so you'd have to be seriously p'd off and have deep pockets - but a solicitor's letter pointing this out would be cheap if the 'information' hasn't been released and you fear it still may be.

ZootyRS

As I see it...

You have given someone some information.

Unless there is a contract in place that they have agreed to (or a law - c/f insider trading), there's nothing to stop them passing it around.

__________________
My goal is to replace my soul with coffee and become immortal

kit

as far as i know if he's stored your details on his machine then its classed as an electronic database and is thus covered by the act.....my legal team had a similar sitiaution last year and the DPA was used to to prosecute the offender. The position of you saying it was in confidence is niether here nor there if he doesnt agree to it being in confidence aswel!

k

cheezemonkhai

I remember a DPA case where e-mail was not covered.

__________________
Cars make CO2 and trees absorb CO2. By driving your car you're feeding a tree and helping the environment.

robmawer

Depends a lot on the circumstances...if the recipient isn't an "organisation" it probably wouldn't apply at all. If it did apply, a lot hangs on the specific details held and the impact of their processing...


Rob.

__________________

Gwilo

according to an article on Pinsents Masons, while not a legal offense as such, there is an argument that if you make it know it's not to be discussed, you have some measure of cover, though not an exact position and certainly not a DPA style offense.
I do wonder though if it was sent between colleagues within an institution and was relevant to the organisations or individuals activities (not withstanding anything criminal, obviously).....would it then come into force?

__________________

Kandy

I think you'll need to expand on the circumstances/content: e.g. if at work:

You saw x & y kissing - not DPA.
You heard of job cuts - not DPA.

As said, disciplinary action would be a greater probability.

If you knowingly supplied personal information (pay, education etc.) to this person without them having a legitimate need, then you have committed the offence.

If they had a legitimate need but used it inappropriately, then they have offended.

That's my understanding.

robmawer

Sums up my understanding of it too.

If it's between two colleagues and relating to activities within the organisation these both belonged to, employment contracts and disclosure policies on confidential information would be the most relevant recourse (ie. inappropriate use of confidential information).


Rob.

__________________