- April 15, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation in the UK
(I am in the UK)
### Background
Over 6 months ago I left a company, it was agreed I would be paid a small sum. I have since been told that an ex-colleague has asked the technical team to reinstate my email address, and they are ‘slowly’ going through my emails. Apparently they came across something stated that they didn’t like, not pertaining to work, and spoke about this with their colleagues. This person was not in a supervisory position when I worked there.
### Concerns About GDPR
Is this breaching GDPR laws? I wasn’t told the reason they are ciphering through my emails, and given the relationship we had, I believe it’s personal, however I of course can’t prove this. I just want to know if what they are doing is illegal.
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GDPR *does* apply to employee data. While accessing your old email is a legitimate business act. Sharing personal information from your emails is not.
But whether it is *illegal* depends very much on what the information shared actually was.
I’d find out who is the data controller at the company. Write them an emaili, CC your old boss. detailing the information about you that has been shared. DON’T make accusations about intent. It makes it look personal.
Was this a personal e-mail adres that only you had access to (e.g. [email protected]) or was this a shared e-mail adres that multiple people used (e.g. [email protected])? If the former then yes, this is a breach of GDPR because ypu can expect reasonable privacy on that adres.
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Unlikely if it’s a work email address then it’s not personal information it’s work information.
Never use a work email address for personal correspondence, it belongs to your company not you.
Of course if they’re sharing obviously personal data from the email that may change things, but it depends who with, for what purpose, and what you signed with regards to email policies when you were first given the account.
This is not illegal. Not under the GDPR and not under the UK privacy laws. Businesses have a legitimate reason te preserve and access ex employees emails.
You’re in the UK, GDPR is a European law. It might be against the data protection act of 2018 though.