I have a friend who is a peripatetic music teacher at schools. This means
he is self employed and visits the schools where he has pupils on a daily
schedule which sometimes varies. He presented me with a unique challenge
the other day because of a fight he finds himself in the middle of.
He was forced under "Qualified privilege" to give information to one head of
department (A) about another (B). Outside "qualified privilege" the
information he gave could have been construed by an unreasonable person as a
query about the competence of A, but there were relevant reasons for giving
the information in the way it was given.
A emailed B to say that friend was defaming them. B has then allegedly used
those emails to prevent friend from obtaining certain posts.
Those are the facts. Legal advice to friend states that he is being
libelled by A in the emails to B. The DPA problem is simple. Friend wants
to have the emails to use as evidence. An SAR will acquire them (they are
in corporate systems and are backed up). But issuing an SAR will almost
certainly ensure that A and B's schools each say "You cannot work here any
more" and thus remove his current income stream.
The puzzle is "How does he manage to obtain the evidence he needs against A
(to get the libel stopped and formally legally apologised for) and against B
to stop malicious use of that email stream?"
DPA stuff is much easier without the "self employed" complexity. He can win
the battle and lose his livelihood
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
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