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I am being accused of accessing an email server after my…

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Hi, I am being...

Hi, I am being accused of accessing an email server after my services were no longer required acting as a consultant. The email access was removed and although I had some copies of previous emails concerned with my work, no access to the server was possible? What can be their argument?

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There is a legal case going on with another party and the accusation arose out of that.

Submitted: 8 months ago.Category: UK Law
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Answered in 2 hours by:
12/20/2017
Solicitor: James Mather,
 replied 8 months ago
James Mather
Category: UK Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified

Good afternoon. Thank you for the question. It is my pleasure to assist you with this today.

If you have indeed done what you are alleged to have done, then you are in breach of the provisions of the Computer Misuse Act 1990 which is a criminal offence although unless there has been some theft, or some fraud or some other kind of loss it’s most unlikely that the police are going to be interested in bringing a criminal prosecution. The prosecutions which have been brought and have been high-profile have been aware journalists have been hacking into mobile phone records and messages which are also covered under the terms of the Act.

Even so, for there to be a criminal prosecution which is successful, the prosecutor is going to have to prove beyond all reasonable doubt that this happened and if it didn’t happen, then it’s going to be impossible for them to prove that. What they seem to be alleging is that emails you previously had access to were not accessed before authorisation was removed but were accessed after.

Provided you have something which confirms that they will possibly accessed prior to authorisation been removed, then that really blows any argument out of the water which they may have.

Does that answer the question? Can I answer any further questions on this subject?

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