Email Deletion Accusation
A former employee, after leaving their previous job, transferred emails to a new position, which resulted in a complaint and police involvement. Prior to a police interview, the individual deleted those emails and informed the police of this action, not realizing that copies were already with the authorities. After the interview, the individual realized they had shared a limited number of emails and continued to delete others without notifying the police. They are now worried about being accused of perverting the course of justice because of an initial claim of not sharing any emails.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential legal consequences in the UK for taking emails from my previous employer without permission?
Taking emails from a former employer without permission could potentially lead to legal repercussions in the UK, such as breaches of confidentiality or violations of intellectual property rights, possibly resulting in civil claims or fines under the Data Protection Act if personal data is involved.
Could I be charged with perverting the course of justice, and what might that entail?
In the UK, perverting the course of justice involves actions meant to interfere with justice, like destroying evidence. Deleting emails after police contact could be interpreted as an obstruction, unless it can be shown that there was no intent to mislead.
What steps should I take to mitigate any potential data breach liability in my situation?
To mitigate data breach liability, it's advisable to report the incident to your current employer and the relevant authority, documenting all actions taken and potentially consulting a specialist for a review of data handling practices.
Is there any legal obligation to inform the police about any additional emails I may find or have shared after the interview?
While there is no specific legal obligation to inform the police about new findings post-interview unless instructed, transparency is generally advisable.
If I sent a list of the emails I had deleted to the police later on and they already have the original emails, does this help my case?
Providing a list of deleted emails shows cooperation, which might positively affect how your intentions are viewed, but consultation with legal counsel is recommended for tailored guidance.
