freedom of information / access to email /private company

[SyncMaster]

Hi
I'm looking into instructing a solicitor re. defamation of character.
Under UK law am I allowed to request copies of email from private companies?
I was going to ask a lawyer to do it. Also, any recommendation of a good lawyer in the Manchester area could help me?
Thanks in advance.

 

[OldWelshGuy]

I am not sure if the FOI act allows for private correspondence to be revealed I think there could be a conflict. if the correspondence is relating to you then you can ask for full disclosure under the data protection laws.

 

[David Griffiths]

Quote from the Information Commissioner's website

The Freedom of Information Act deals with access to official information and gives individuals or organisations the right to request information from any public authority.

 

[Billmccallum]

Data Protection would have effect rather than FOI.

see http://www.ico.gov.uk/Global/faqs/d...ic.aspx#fF900A848-3AB1-41EA-8ED5-5C3BBBD66D3B

 

[SyncMaster]

Thanks for this.

I know an agency has been [mis]representing me. And this agency has
done this to others, one that I know is sending me written proof.
A person at the agency has misinformed a supplier and a number of people at the supplier have told me this, actually its defamation and its quite serious.

My question is, do I need a solicitor to force the companies to hand over emails? Thats what I really want. I have read the link you send Bill, I just dont know if I have to be really formal about it.

Thanks again for your help.

 

[Be Known PR]

Can you ask your contacts at the supplier to print out the emails?

Remember if you are suing for defamation then it is YOUR responsibility to prove that the statements were a statement of fact rather than opinion, that they are completely false and that they harm your reputation/business.

I would also be wary of drawing attention to the issue and the 'no smoke without fire' theory. If it is just one agent to one supplier then you may protect your reputation better by going to a superior at the agency, drawing their attention to the issue and getting an unreserved apology and denial sent from them to the supplier and keeping the matter private between a small circle. Going to court makes it a public issue and opens you to scrutiny, whether justly or not, and could get the attention of those who would otherwise have been oblivious.

 

[SyncMaster]

Thanks

I'm looking at 100% proof before I do anything. Theres a long and well-planned roadmap to a clear goal.

If the law permits me to get the emails/electronic communications then it should be straight forward.

If the message from the people in this forum is "Yes you can get the emails/communications under UK law" then I would rather instruct a solicitor to write to the communicators on my behalf.

Many thanks

 

[akirk]

if you have a solicitor - you should be asking him

you are on very difficult ground here - because data protection works both ways - while you might (under some circumstances) be entitled to know what info someone holds on you - if anyone else is involved then data might be restricted to protect them - i.e. you are not entitled to that...

http://www.whatdotheyknow.com/request/prosecution_issues
makes interesting reading - look at how many data protection prosecutions there were in NI - google for more info - it is an act with very little in the way of teeth...

some good advice above...

Alasdair

 

[OldWelshGuy]

Quote from the Information Commissioner's website

The Freedom of Information Act deals with access to official information and gives individuals or organisations the right to request information from any public authority.

But the Human Rights Act would overrule that piece of legislation asn a person has a right to privacy in their home a family life. So a public body can not divulge personal information to a third party without a court order (and even then they might not).