"where this duty is laid out and what weight it has I do not know"
 
CPR 31 (for leading case on e-disclosure, see Earles v Barclays Bank Plc [2009] EWHC 2500 (Mercantile))
 

Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681


From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of KPG Professional Services
Sent: Wednesday 15 June 2011 11:23
To: [log in to unmask]
Subject: Re: [data-protection] Accessing email for e discovery

Yep, I would agree there Phillip
Kevin Giles
KPG Professional Services
51 Unity Terrace
Perth
PH1 2BG

Tel: 07413 934228

Web: http://www.kpgprofessionalservices.co.uk


On 15/06/2011 11:10, Bradshaw, Phillip wrote:
[log in to unmask] type="cite">
s35(2) DPA
 

Phillip Bradshaw


Room CY5C, County Hall

Phone:         029 2087 3346
Mobile :        07890 265987
Fax:              029 2087 3349

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Stock, Sara
Sent: 15 June 2011 10:49
To: [log in to unmask]
Subject: [data-protection] Accessing email for e discovery

Dear all

Advice please. A former member of staff is involved in an Employers Liability claim against us. Our lawyers are asking for copies of all emails sent to or from that ex staff member. My IT guys, quite rightly, don’t want to access anyone’s emails without permission or clear justification. Our insurance and risk folk advise me that there is a duty on parties in a civil dispute to disclose electronic documents including e-mails – but where this duty is laid out and what weight it has I do not know.

I’ve got as far as thinking of asking permission from the former staff member involved, or relying on schedule 2 part 6(1) legitimate interests. The first only works if permission is granted, the second feels flimsy. Anyone got any better ideas, please?

Many thanks.

Sara

Mrs Sara Stock

University Records Manager

University of Essex

Wivenhoe Park

Colchester

CO4 3SQ

T +44 (0)1206 874853
E sstock

For general Freedom of Information queries please e-mail: foi

(non-Essex users should add @essex.ac.uk to create full e-mail addresses)

www.essex.ac.uk

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

**********************************************************************

Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of the Council of the City and County of Cardiff shall be understood as neither given nor endorsed by it. All e-mail sent to or from this address will be processed by Cardiff County Councils Corporate E-mail system and may be subject to scrutiny by someone other than the addressee.

**********************************************************************

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.

**********************************************************************


--
Scanned by iCritical.


All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

Buckinghamshire County Council

Visit our Web Site : http://www.buckscc.gov.uk

Buckinghamshire County Council Email Disclaimer

This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author or [log in to unmask] immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Buckinghamshire County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail. All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation.

 

The views expressed in this email are not necessarily those of Buckinghamshire County Council unless explicitly stated.

 

This footnote also confirms that this email has been swept for content and for the presence of computer viruses.

 

 

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)