UK Law

Dear Madam/Sir, I am 60 years old, working as an Admin in…

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Dear Madam/Sir, I am 60 years...
Dear Madam/Sir,
I am 60 years old, working as an Admin in the Crown Prosecution Service, in one of the London Police Stations.
I prefer not to find advice with one of my colleagues.
My partner's daughter (a graduate in History of Art and now taking a second degree in Law) is/was working in a very important public museum in London. She... Read full answer
Dear Madam/Sir,
I am 60 years old, working as an Admin in the Crown Prosecution Service, in one of the London Police Stations.
I prefer not to find advice with one of my colleagues.
My partner's daughter (a graduate in History of Art and now taking a second degree in Law) is/was working in a very important public museum in London. She was fired last Friday 5 minutes before 17.00, just when she was leaving the office for her weekend. Her manager called the security to show her the doors of the building. Her feelings, her reputation, an for her life, seems to be completely destroyed.
This case (work) is already being handled by a lawyer. I am more interested in the criminal side of this situation, meaning the implications of what happened in what I believe it is a breach of her Human Rights, Private Data and Privacy Laws.
The case is:
Her manager told her at the moment he fired her and called the security not to log off her computer account because he wanted to see what was inside in her account. Her computer account contains her personal files, comments, opinions, addresses, identification, etc.
She also did not have time to gather all her personal belongs, including her employment contract.
I fear that her manager, having access to her login, can in good will or not good will change, read, re-create, delete, use, mis-use any of her private data, information or documents.
I recommended her pressing an official complaint to the police, directly against her Manager not against her Employer.
1-I would like to know if the complaint can be done against her manager
or
it is against her employer.
2-Also, if there is a case for criminal complaint?
Regards
F.
To be clear: the reasons the manager invoked to fire her were:
1) undermining his authority when she took minutes to a meeting as requested by the invited guest, part of her duties - job description. Her manager order her to take the minute after the meeting by talking with the guest, meaning the guest would have to re-create the meeting.
2) Not enough cups and small plates in a small venue.

Only her contract, left in her desk, can confirm her duties and job description
Submitted: 8 years ago.Category: UK Law
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Answered in 1 hour by:
11/28/2010
Solicitor: Tulkinghorn, Solicitor replied 8 years ago
Tulkinghorn
Tulkinghorn, Solicitor
Category: UK Law
Satisfied Customers: 1,142
Experience: Practised as an English Solicitor 28 years. Own successful general practice for 16 years.
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Hi, welcome to JustAnswer

 

From what you say I can't see that either her manager or her employer has committed any criminal act, though she may well have civil claims against them.

 

The Human Rights Act does not create any criminal offences, it merely gives rise to civil rights. Neither is there any specific legislation that makes it a criminal offence to invade someone's privacy in this way.

 

I can't see how any offence would have been committed under the Data Protection Act, either. This does not prevent her employer accessing personal data on her computer at work. If she was naive enough to store personal data on her work PC she unfortunately has to accept the consequences.

 

Had it not been an employment situation the Computer Misuse Act 1990 might have applied. However, her contract of employment will almost certainly authorise her employer to search her computer, and even if it doesn't it's the employer's property, and they would probably have such an implied right anyway.

 

Tulkinghorn
Tulkinghorn, Solicitor
Category: UK Law
Satisfied Customers: 1,142
Experience: Practised as an English Solicitor 28 years. Own successful general practice for 16 years.
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