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can an emplyer legally access my peronal and private server?
i asked a similar question a few minutes ago and i fear people have mis-read my question.
i live and work in the uk.
i know emails are fair game for employers to read. however, i granted a fellow employee access to my private (non work) web server, by email.
my employer read this email and used this information to also access my web server without my permission.
my point of view is that although they (presumably) have the right to 'monitor' emails, they surely cannot have the right to use any data gathered? especially personall letters (which are not stored on my work terminal or indeed on the company server), which are stored on my own server.
if so, then if i emailed my partner with the pin number for my answering machine, they have the right to use that data to listen to my messages?
and if i emaild my bank, they have the right to use that data to access my bank?
bank data or messages or reading pesonal letters stored on my own server - whats the difference?
Under the The Data Protection Act 1998 in force in the U.K. since 2000, it doesn't matter if this is your private server as long as the employer can show a causal effect of their search without intent.
You providing the link in an office email is enough for them to show due diligence causal effect and thereby be absolved of an infraction under the Act.
This would NOT apply however, if you can somehow prove that the employer actually took information or otherwise altered it while it was housed on your private server. However, you granted access through the use of the employer's email and therefore, have no grounds to now complain when that access was taken.
EDITED FOR ANYONE WHO SAID IT WAS ILLEGAL:
I suggest you read the U.K. Privacy act and the EU data privacy act. THEN maybe it will qualify you to answer correctly.
I am a licensed attorney in 6 states, the Hague and the European community and I don't just answer ot hear myself type.
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