Is an employer permitted to access and read a former employee's private emails and documents that are stored on the employer's IT systems, with a view to finding evidence to dispute the former employee's version of events and/or damage his credibility at an employment tribunal hearing?

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Published by a ��Ƶ Information Law expert

Published on: 04 January 2017

An individual’s private emails and, depending upon the contents, private documents, will comprise personal data as defined in section 1 of the data protection Act 1998 (DPA 1998). They may also include sensitive personal data within the meaning of DPA 1998, s 2.

As data controller, the employer (or former employer) must comply with the eight data protection principles in relation to personal data (including sensitive personal data) (DPA 1998, s 4(4), Sch 1, Part I).

In accordance with the first data protection principle, unless an exemption applies, personal data must not be processed unless at least one of the following conditions is met:

•
the individual who is the subject of the personal data has consented to the processing
•
the processing is necessary:
1. ◦
  in relation to a contract which the individual has entered

Jurisdiction(s):

United Kingdom

Key definition:

Personal data definition

What does Personal data mean?

Personal data means data relating to a living individual who can be identified from such data, either alone or with other information in the data controller’s possession. It includes opinions about, and intentions in relation to the data subject.

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