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Employment - Disclosure of Data - Breach of Confidence

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


 * Displays she had made to the claimant's prospects;


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


 * Costs of the claimant's products.

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

The defendant mentioned that she had sent the e-mails to her private e-mail account in error, and supplied to let the claimant view her personal e-mail account to indicate that she had not breached the phrases of her contract. The claimant tried to persuade the defendant to stay in its employment, but was unsuccessful.

The claimant then instructed its solicitors to write to the defendant alleging that the defendant had breached the terms of her employment which amounted to breach of confidence. The claimant also requested the return of all its supplies which had been in 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 found, she had not even opened them.

The claimant did not 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 'utilizing' confidential data in contravention to her contractual obligations. Additionally they alleged that by her failing to instantly return their materials, she had further breached the terms of her contract.

The declare was dismissed. The court docket held the where the e-mails had remained unopened the confidential data had not been 'used' in a way which amounted to breach of confidence. Though she had not immediately returned the supplies, she had beforehand offered the claimant the permission to view her private e-mail account and to delete the e-mails referring to the claimant's confidential information.

Along with this, the court held that the knowledge which was the subject of the claimant's grievance was completely innocuous and that the claimant had reacted totally disproportionately. The matter shouldn't have been taken to court and the defendant's undertakings had been adequate.

Briefing Word does not present a comprehensive or full assertion of the law relating to the problems discussed nor does it represent authorized advice. It's intended only to highlight general issues. Specialist legal advice should at all times be sought in relation to specific circumstances. 情報就職