Emails covered by Data protection rules?

jonesMUFCforever

It has come to my attention that personal financial details about me has been discussed by 2 council employees on the council's e-mail system.
I have 2 of these e-mails in my possession.
I do not have any dispute with the council and it would appear that these messages are 2 people 'gossiping' about me.

My question is whether these messages are covered under the Data Protection Act and can I force the council to copy all of them to me if I give them the dates concerned and pay the £10 fee.

The full contents of these e-mails would then enable me to decide whether to take out a formal complaint against the author of these mails.

Any opinions on this please?

LittleVoice

but do specify emails as a category

jonesMUFCforever

What if I am not named personally but I know they are about me (and can prove it of course as they have used account numbers in one case) - will this make a difference?

Mikeyorks

jonesMUFCforever wrote: »

My question is whether these messages are covered under the Data Protection Act

I think it's dubious ... if this is just an internal Email system. But if the data being discussed emanates from a registered system (eg payroll / expenses) ... then that's where there could be a breach?

But - if that's the case - you may be better looking to go forward under the confidentiality clauses that will certainly be in your Staff Handbook - or whatever else governs your behaviour at work?

jonesMUFCforever

I don't work for the council!

The council have no business discussing the issues I have discovered.
Basically one person(council employee) has 'valued' my investments - including in one case quoting an account number and sent this to another council employee.
What I want to know is of course what other information they have discussed and for what purpose?
If the Data protection laws do not apply would I be better off just invoking a complaint with the council immediately with what I have discovered so far?

olly300

It should apply but in reality there have been cases i.e. companies arguing over contracts where there are legal arguments in to whether it is reasonable for a Data Controller to search all email records particularly if they go back a few years as organisations send tonnes of emails.

If the emails are recent when you send your Data Subject Access Request include something like you want "all documentation incuding computer records, letters and emails" and state something like 3 departments you have particular interest in receiving information from one of which is the department those employees are working in.

Then if the emails don't turn up and you have a copy you can:
1. Report the council department to the Information Commissioner arguing that because the emails where recent they would easily be able to get them on the system and the council have breached the Data Protection Act by not providing them to you
2. Complain all the way to the top of the council complaining about the individual staff members breach of the Data Protection Act.

I personally find it easier to complain about poor behaviour from individuals if I can imply they have broken a law.

BTW Actions 1 and 2 are separate. However action 1 can be helpful if you decide to take the council to task.

Mikeyorks

jonesMUFCforever wrote: »

I don't work for the council!

Even I knew that (well, you might have moved since you changed your Username ) ..... can only plead that I had my mind on all the tax postings today.

Personally I would go in via your local Councillor. But, if not, the Freedom of Information Act might be a better bet than the DPA in this case. There's surely no 'disclosure' data under DPA that the Council hold other than your Council Tax etc. But if you cite the Email system .... the Freedom of Information Act looks the better bet.

I considered using it when my Parish Council wrote that they'd had a 'petition' .... concerning a shrub overhanging the footpath from my garden. But as the shrub was coming out to make place for a garden wall - 2 months later ... I just let it lapse.

olly300

Mikeyorks wrote: »

Even I knew that (well, you might have moved since you changed your Username ) ..... can only plead that I had my mind on all the tax postings today.

Personally I would go in via your local Councillor. But, if not, the Freedom of Information Act might be a better bet than the DPA in this case. There's surely no 'disclosure' data under DPA that the Council hold other than your Council Tax etc. But if you cite the Email system .... the Freedom of Information Act looks the better bet.

You are confusing the two acts.

Data Protection Act applies to individuals and you use this act to get information on yourself regardless whether the company or organisation involved is public or private. The records involved in this case can be letters, computer records, delivery receipts - anything where your own name is mentioned.

The Freedom of Information Act deals with information held by public bodies such as breakdown of accounts and the identity of private individuals can be removed from that data. For example if you asked about MP's expense breakdwowns you would get the information plus the MP's names however if you asked for breakdown on the information on grants that benefit claims received in the past 2 years you would not recieve the names of the benefit claimants as they are private individuals.

If you want information on yourself you use the Data Protection Act and legally emails are covered.

The legal issues into whether you can get the emails where you are mentioned are to do with the practicality of retrieving the records from the disc the information is stored on.

Therefore if the OP helps the Data Controller by indicating:
1. What sort of records he is after, AND
2. What departments he is specificially interested in getting information from,
he is more likely to get the information he wants and if he doesn't it's easier to complain.

jonesMUFCforever

Right thanks for your help folks - I have the email address of the 2 persons responsible (council email addresses) so I could ask the data controller for all messages discussing me from say last April to now and they should be made available to me?
I cannot go via councillor as that person is related to one of the people sending the messages!

Finally does anyone know how long councils are legally bound to store emails before deleting them?

LittleVoice

I don't know whether there is a legal requirement.
I work in a public sector organisation where they are normally deleted from the system after 3 months. (Though that will be changing to a longer storage time soon!)

sons_2

LittleVoice wrote: »

I don't know whether there is a legal requirement.
I work in a public sector organisation where they are normally deleted from the system after 3 months. (Though that will be changing to a longer storage time soon!)

Potentially the server will store a copy for 6 years even if it is deleated from your system after 3 months. Lots of large organisations do this.