Also depends what these emails say, I suppose ..
Is "I don't like Nigel Roberts, glad he's left" a private personal
mail?. I suspect it would be.
But "Nigel Roberts, who just left the company, was a thief" would be
personal information and libelous to boot.
In the latter case, it would also be susceptible to Norwich Pharmacal if
the person was determined enough.
Ogden, Mark wrote:
> Dear all,
>
> I have received a Subject Access Request from an ex-employee, for copies
> of 'inappropriate' emails which he believes have been circulating about
> him amongst staff.
>
> The issue is, these emails were sent on the corporate system, but in a
> private capacity (personal use of email is not prohibited here) rather
> than a business capacity. I'm reminded of the FOI guidance which states:
> "In most circumstances private emails sent or received by staff in the
> workplace would not be held by the authority as it has no interest in
> them." Does this also apply to DPA - or is it simply the case that as
> long as the emails are held on a corporate email system, they must be
> disclosed?
>
> Section 36 springs to mind. Could there be a domestic purposes
> exemption? Is the requester still entitled to receive copies?
>
> Your thoughts are gratefully received.
>
> Mark
>
> Mark Ogden
> Information Officer
> Knowledge and Information Management Team
>
>
>
> Bolton at Home is a limited company controlled by Bolton Council registered in England and Wales. Company number 04554680. VAT number 799 6104 76. Registered Office 1 - 3 The Courtyard, Calvin Street, The Valley, Bolton BL1 8PB
>
> This e-mail and any attached files are confidential and may also be legally privileged. They are intended solely for the intended addressee. If you are not the addressee please e-mail it back to the sender and then immediately, permanently delete it. Do not read, print, re-transmit, store or act in reliance on it. This e-mail may be monitored by Bolton at Home in accordance with current regulations.
>
>
> This footnote also confirms that this e-mail message has been swept for the presence of computer viruses currently known to Bolton at Home. However, the recipient is responsible for virus-checking before opening this message and any attachment.
>
>
> Unless expressly stated to the contrary, any views expressed in this message are those of the individual sender and may not necessarily reflect the views of Bolton at Home.
>
>
> http://www.boltonathome.org.uk
>
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--
Nigel Roberts, Director, Island Networks
4&5 St Anne's Walk, Alderney GY9 3JZ (via UK)
Tel. 0800 288 8978 (toll-free) or 0870 321 2281 (direct)
International: +44 1481 822800 Mobile +423 663 178200
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