In a message dated 06/02/2001 13:44:24 GMT Standard Time,
[log in to unmask] writes:
<< A member of staff uses a personal mail account (e.g. hotmail) to discuss a
data subject, as opposed to their usual work account. The data subject
makes a subject access request, specifically mentioning the personal email
account. Is there any way of searching for material sent via this
personal account ? Is it exempt because it is a personal account anyway,
or is that irrespective since the account was used on the employer's
premises to discuss work-related matters ? >>
---------------------
No, it isn't exempt, yes you would have to supply it if the data is for work
purposes. You may have to sack the employee for breach of contract if they
are using unofficial (unapproved) personal data processing methods.
If the employee was not aware that processing in this way was against
corporate policy - or if this information cannot be retrieved - you could get
in hot water for not having appropriate security in place. You might want to
let the member of staff know that they should request Hotmail to recover the
e-mail from their backup or archive files. Hotmail will make it clear they
are not the data controller.
Ian B
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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