Confidential emails?

[lisalegal]

When someone sends me an email and states Confidential in the Subject line or in the body of the email BUT sends it unencrypted and not secure then how Confidential is it?

Am I within my rights to forward that email to whomever I choose as it has arrived in my inbox in this manner?

thank you for any replies

Lisa

[Guest]

Re: Confidential emails?

HI

I remember reading somewhere that it takes two to make a confidential agreement.
In other words if you had sent an encrypted e-mail saying, the contents of this are confidential do not open unless,etc.

But if you just sent it and at the end or within the document it says, this information is confidential, it would not be binding, there is no agreement.

What the sanctions would be for breaking this, i would not know but it is interesting.

Peter

[labman]

Re: Confidential emails?

This is informative:

Confidential information in the UK and trade secrets. London solicitors explain the law and its effect.

[Guest]

Re: Confidential emails?

Thaks labman i think this is a key aspect

"The obligation may also arise when one person provides information on condition that it is kept secret. The confidentiality may be partial or total. If a disclosure has taken to a limited number and definable set of people the confidentiality will probably remain in place."

In other words the condition of confidentiality must be agreed before the information is suplied IMO.

Peter

[labman]

Re: Confidential emails?

I read it last night (or very early hours of this morning), but remember reading about a something or other rule for electronic communication.

It basically said, "Would I be able to find this information out reasonably quickly had I not received this?"

If the answer was No, then it should be confidential. This to me seems utterly ridiculous. Rather like the contract in private car parks and their 'PCN's' which aren't, I don't think a contract of confidentiality can be imposed on you. A contract, by its very definition, is a two way thing, agreed between two parties.

[Guest]

Re: Confidential emails?

I think it is all very relevant considering the amount we all use e-mails these days.
I was also reading the other day that contents of emaiols and for that matter forums like this are more likely to be considered by the courts as slander rather than liable.

It seems that some couirt case has ruled that because of the transitory nature of information on line it is more akin to the spoken word than the writen variety.

I haven't confirmed this but it is interesting i think.
Peter

[labman]

Re: Confidential emails?

Very interesting. I'd like to see that written down somewhere.

[Guest]

Re: Confidential emails?

Very interesting. I'd like to see that written down somewhere.

You just have

Seriously your understandable response illustrates the lack of gravitas that is generally given to onlline comments(thank goodness)

Random google http://uk.search.yahoo.com/r/_ylt=A7...nfo/libel.html
i
------------------------------- merged -------------------------------
Update 2009: High Court ruling on bulletin board cases

The High Court has ruled that defamation on internet bulletin boards is akin to slander rather than libel.

Mr Justice Eady hearing a case regarding posts on an investors bulletin board (or forum) has said that such comments are not to be taken in the same context as a formal newspaper (etc) article and are more like slander due to the casual or conversational nature of them.

The relevant bit from the above link

[labman]

Re: Confidential emails?

Does this mean I can sue you Peter for thinking that the best link for me was, "Basic Libel for Idiots?"

Actually, don't worry - I've decided it's accurate!

[Brighton-cpe]

Re: Confidential emails?

Hi this is just what I am looking for!

I have received several emails from one ex-colleague, stating what a bullying place and totally disgusting place my ex-employers premises were/are. I have correspondence over Facebook and Hotmail, email messages.

I am currently taking my ex-employer to the Employment tribunal for discrimination and unfair dismissal.

My question is do I have the right to take the email correspondence from my ex-colleague and use it as evidence on the day of the hearing?

In one of the emails, the ex-colleague states "I would not want xxx getting wind of my involvement as I could loose my new job, as they have links to xxx."

My solicitor says to use these emails would be unethical.

Another co-worker wrote me a very damning statement re the ex-employer then decided to withdraw it as the last minute. They wrote on the statement (confidential etc only to be used with my express permission), however the adjoining email is not copyrighted, can the mail be used?

Thanks so much.

[Guest]

Re: Confidential emails?

HI

I think that i would accuse the other person of making the statements, and invite them to deny it in the knowledge that you can, if you have too, back up your statments with the documented proof.

Sometimes it is not nessessarry to show documents like these, it is enough that the other side know you have them, if you see what i mean.

I do not think that there is any legal reason why they cannot be shown.

Peter

[teaboy2]

Re: Confidential emails?

No you can not, your colleague has to agree to being a witness to allow such information in those emails to be presented to tribunal. You simply can not disclose what a person has said in an email without their conset to do so and their agreeing to be a witness, when it comes to court or tribunals. To do so without them agreeing to being a witness, would leave them open to libel/slander claims from your ex employer, and yourselve open to a claim from your colleague too.

As for confidential emails, well it depends on the content - Was the email ment for you? No...Then passing on the email to third parties is not only a breach of confidentiality but also interception of the mail, and breach of data protection act, if it contains personal details such as Names. Also if the infomation in the email is previlaged information i.e. personal info, or that relating to negotations or a contract both prior or after entering, then any disclosure by a third party that was not the intended reciepient would be a breach of confidentialality and data protection - Also if is legally previlaged information in the email, then...Well they would be in serious trouble.

[Guest]

Re: Confidential emails?

HI

I think your solicitor is right in that showing this correspondence would be unethecal.
I do not think however that there is any legal reason preventing you from doing so.

Peter