Category Archives: Confidentiality

Enforcement action when a business fails to comply with a Subject Access Request

GDPR & Data Protection Rights In the latest episode of the podcast I covered the basics of what an employer needs to consider when dealing with Subject Access Request from employees under Data Protection legislation. Coincidentally in the latest newsletter update from the Information Commissioners Office (ico) details have been provided of a recent enforcement […]

Is an employer liable for the actions of a former employee who commits a serious criminal data breach with the intention of harming his employer?

Yes, held the Court of Appeal, based on the facts in the case of Various Claimants –v- Wm Morrison Supermarkets PLC. The Law In certain situations, an employer can be held responsible for the acts, or omissions, of its employees, if they took place in the course of their employment. This is known as Vicarious […]

The High Court orders destruction of confidential information

In an interim application a High Court Judge has ordered that former employees must delete confidential information In a recent case decided by the High Court the important issue of confidential information was considered and an interesting outcome for employers to consider. The Law All employees have an implied term in their contract of employment […]

Privacy at work and the Human Rights Act

An employee had no expectation of privacy regarding emails sent to work colleagues The Employment Appeal Tribunal has held that an employee had no reasonable expectation of privacy in respect of emails sent to a work colleague, with whom he had had a relationship, and photographs on his iPhone. The Law The Employer in this […]

Confidentiality & Unfair Dismissal

When can you dismiss an employee for breach of confidentiality?  For many employers protecting confidential information of their business and customers is a fundamental concern when taking on staff. For this reason many employers, understandably, consider any ‘leak’ of such confidential information to be serious issue. In a recent case decided by the East London […]

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