Email Deletion Inquiry
The individual in question recently transitioned to a new position and is facing a situation regarding the handling of emails from their previous employer, which has resulted in a complaint and involvement of law enforcement. During a police interview, the individual admitted to deleting the emails and learned that copies were already in possession of the police. Although some emails were shared, there were initial discrepancies in their statements to the officers, potentially leading to accusations of perverting the course of justice. The emails have been identified as neither confidential nor sensitive in nature. The individual has provided the police with details for verifying the deletion process from their prior workplace.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the possible legal ramifications of obtaining and deleting these emails without consent from the employer?
Taking and deleting work-related emails without permission could result in allegations of theft of confidential information or unauthorized data processing under relevant data protection laws. If the emails contained sensitive information, further scrutiny might be warranted under computer misuse laws. Deleting emails post-police contact could raise suspicions about obstructing justice, though intent is key in assessing any charges. Each case needs careful evaluation based on specific details of the emails and actions taken.
Could my actions be classified as Perverting the Course of Justice, and what defences could I potentially argue?
Your actions may be construed as Perverting the Course of Justice if it can be established that you meant to interfere with the investigation through email deletion. Prosecution must prove intent to mislead or obstruct; a potential defence could be demonstrating a lack of intent if you believed your actions were compliant with workplace policy. Showing that you provided evidence to the police may aid your case. Consulting with a legal expert in criminal law will yield the most tailored advice.
How should I respond to any future communications from the police about this issue?
Full cooperation with police is advised, but engaging in discussions without legal counsel is not recommended. It would be wise to inform the police that you wish to speak with your solicitor before proceeding further to ensure your rights are protected and avoid any missteps. Keeping a thorough record of all police interactions is also beneficial.
What actions should I take if my former employer pursues civil claims against me for the email incident?
Review your employment contract for any confidentiality provisions. Engaging legal counsel will help you understand the implications of potential civil actions. Evidence indicating the emails were non-confidential or non-sensitive should be gathered and documented, as well as all communications related to the scenario. Offering to cooperate or rectify the data issue may also reduce risks.
What employment consequences should I prepare for following this incident?
There could be serious ramifications related to your employment. If your current employer learns of the situation, it might be seen as a breach of trust which could lead to disciplinary action or termination. Your previous employer may inform your current employer about the data incident, affecting your professional image. Reviewing your contractual obligations regarding confidentiality and data protection is crucial.
Does it support my case that the police initially seemed satisfied with my actions regarding the emails?
The police's initial acquiescence to your actions may help demonstrate your intent and understanding of the situation, potentially aiding in a defence against obstruction accusations. However, this does not exempt you from all liability and it is critical to keep all relevant communication and circumstances in mind when forming your defence.
