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Resignation & Data Protection

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Comments

  • SarEl
    SarEl Posts: 5,683 Forumite
    Where exactly in the OP's post does it say that the client details had anything whatsoever to do with his alleged mistreatment?
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    SarEl wrote: »
    Where exactly in the OP's post does it say that the client details had anything whatsoever to do with his alleged mistreatment?

    He did not say they were anything to do with his complaint, it is just that they are in the relevant emails. Here:
    Tom32y wrote: »
    ... I didnt mean to forward any client data but the reason the emails were sent home was because they were my record of them treating me badly or not giving me work that i was expecting for my job description. They have stated it as a breach of contract and data protection and threatening legal action.

    would you not agree?

    You see, I would be agreeing with you fully if what OP had done was just to send home client details. There is no excuse or justification for that. But if he had been sidelined and the evidence was in emails which also contained details of those clients, then I think the issue requires a much more nuanced answer.

    If for example, the 'client data' is the name of the client plus contact details which are available on the client's own web site, I think it is OTT to describe it as a breach of data protection. The name of a plc is no secret. It is arguable if the information relates a client to a particular project, but even here, if it relates to a project the OP had been asked to do, then this would be known to the OP anyway and deleting the emails would be ineffective in preventing OP from discussing the matter anyway.
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  • hcb42
    hcb42 Posts: 5,962 Forumite
    I have witnessed one employer take things to extremes, invade the home etc, and snatch PCs/laptops, and went on to cost the particular employee tens of thousands. Since that date (some years ago now), I have made sure I never leave with as much as a business card or a cheap biro belonging to my ex employer.

    OP, delete everything and confirm it. It wont be worth the fight.
  • SarEl
    SarEl Posts: 5,683 Forumite
    hcb42 wrote: »
    I have witnessed one employer take things to extremes, invade the home etc, and snatch PCs/laptops, and went on to cost the particular employee tens of thousands. Since that date (some years ago now), I have made sure I never leave with as much as a business card or a cheap biro belonging to my ex employer.

    OP, delete everything and confirm it. It wont be worth the fight.

    I agree, since I have known this and worse too. But obviously not everyone agrees. The Op must make their own decision as to whether it is worth it.
  • bitemebankers
    bitemebankers Posts: 1,688 Forumite
    SarEl wrote: »
    Both theft and industrial espionage (which covers any attempt to subvert business interests) are criminal cases - not civil.

    In which case, this would not be the company suing the OP. They would have to convince the police that a crime had occurred. A *very* different matter, which a much higher burden of proof (beyond reasonable doubt, rather than balance of probabilities). I see nothing in the information the OP has given that would convince the police to take action.
    If for example, the 'client data' is the name of the client plus contact details which are available on the client's own web site, I think it is OTT to describe it as a breach of data protection. The name of a plc is no secret. It is arguable if the information relates a client to a particular project, but even here, if it relates to a project the OP had been asked to do, then this would be known to the OP anyway and deleting the emails would be ineffective in preventing OP from discussing the matter anyway.

    This, exactly.
    "There may be a legal obligation to obey, but there will be no moral obligation to obey. When it comes to history, it will be the people who broke the law for freedom that will be remembered and honoured." --Rt. Hon. Tony Benn
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