Yes. And that case helpfully shows how reluctant a court will be to exclude relevant evidence, even where it shows great distaste for the methods used.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Andrew Cormack
Sent: Thursday 10 February 2011 14:44
To: [log in to unmask]
Subject: Re: [data-protection] Mobile phone Footage
Sensitivity: Confidential
As far as I remember there's a specific case on covertly obtained video evidence that may give a hint of how it's likely to be received: Jones v University of Warwick [2003] EWCA Civ 151 - note the comment on costs!
Andrew
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
> Sent: 10 February 2011 13:44
> To: [log in to unmask]
> Subject: Re: Mobile phone Footage
> Sensitivity: Confidential
>
> Quick answer: as far as I can see there is no rule of law which, in
> general terms, prevents such information being admitted as evidence
> (relevance is key, per Buxton LJ in XXX v YYY [2004] EWCA Civ 231 "The
> first and most important rule of the law of evidence, though one that
> is not always perceived or observed, is that evidence is only
> admissible if it indeed is relevant to an issue between the parties").
> And if information is to be admitted as evidence it is important that
> it be seen by the parties and the decision-maker.
>
> However, in specific terms such a question is going to *highly*
> dependent on the facts. If this is a real example I think you would
> need to run this by your lawyers.
>
> Jonathan Baines
> Legal and Democratic Services
> Buckinghamshire County Council
> 01296 383681
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Jane Holden
> Sent: Thursday 10 February 2011 11:30
> To: [log in to unmask]
> Subject: [data-protection] Mobile phone Footage
> Sensitivity: Confidential
>
> Scenario:-
>
> Employee A takes mobile phone footage of Employee B without his
> knowledge in support of his grievance against employee B.
>
> Can this footage be used against employee B for disciplinary purposes?
>
> Can this footage be copied onto DVDs and disseminated to all members
> of a disciplinary panel?
>
> Your thoughts would be much appreciated.
>
> Thanks
>
> Jane Holden
>
> Barrow Borough Council - Enhancing the economic and social future of
> the Borough.
>
> Think - UK businesses use 2 million tonnes of paper each year - do you
> really need to print this e-mail?
>
> This e-mail and any files transmitted with it are confidential and
> intended solely for the use of the individual to whom it is addressed.
> Any view or opinions presented are solely of the author and do not
> necessarily represent those of Barrow Borough Council.
> If you are not the intended recipient you may not use, disclose,
> distribute, copy, print or rely on this e-mail. If you have received
> this e-mail in error please contact the sender.
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask] All user
> commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving messages please send to the
> list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing
> your needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> Buckinghamshire County Council
> Visit our Web Site : http://www.buckscc.gov.uk Buckinghamshire County
> Council Email Disclaimer Have your say on the County Councils Budget
> Consultations - http://www.buckscc.gov.uk/budget
>
>
> 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
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask] All user
> commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving messages please send to the
> list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing
> your needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|