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Employment - Disclosure of Data - Breach of Confidence

The defendant resigned and located employment with one of many claimant's competitors. Shortly after her resignation, the claimant found that the defendant had despatched three e-mails to her personal e-mail account prior to leaving the company. The e-mails involved:


 * Presentations she had made to the claimant's clients;


 * Feedback which clients had given in relation to the claimant's providers; and


 * Prices of the claimant's products.

The claimant was of the opinion that the knowledge contained within the e-mails was confidential and subsequently violated the phrases of the defendant's contract of employment. The claimant confronted the defendant with its discovery.

The defendant said that she had sent the e-mails to her personal e-mail account in error, and offered to let the claimant view her private e-mail account to point out that she had not breached the phrases of her contract. The claimant tried to influence the defendant to stay in its employment, however was unsuccessful.

The claimant then instructed its solicitors to jot down to the defendant alleging that the defendant had breached the terms of her employment which amounted to breach of confidence. The claimant additionally requested the return of all its supplies which have been within the defendant's possession. The defendant replied to the letter stating that the e-mails were not sent to anybody else, and that after the error had been discovered, she had not even opened them.

The claimant didn't respond to her letter. They instead issued proceedings towards her and applied for an interim injunction. They alleged that the sending of the e-mails to her personal account amounted to her 'using' confidential info in contravention to her contractual obligations. Additionally they alleged that by her failing to instantly return their materials, she had additional breached the terms of her contract.

The declare was dismissed. The courtroom held the the place the e-mails had remained unopened the confidential data had not been 'used' in a manner which amounted to breach of confidence. Although she had not immediately returned the materials, she had beforehand provided the claimant the permission to view her private e-mail account and to delete the e-mails referring to the claimant's confidential information.

In addition to this, the courtroom held that the information which was the topic of the claimant's complaint was utterly innocuous and that the claimant had reacted completely disproportionately. The matter shouldn't have been taken to courtroom and the defendant's undertakings had been adequate.

Briefing Observe does not provide a complete or full statement of the regulation relating to the problems mentioned nor does it constitute authorized advice. It's intended solely to highlight common issues. Specialist legal advice ought to always be sought in relation to particular circumstances. 情報就職