Print

Print


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
     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)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^