Text Messages Disclosure Rules

Summary

Text messages on personal devices can be disclosed if relevant to employment issues. Employers must search for relevant data upon an SAR. Derogatory messages may be considered defamatory or harassment. Organisations must acknowledge SARs without undue delay, typically within a few days, and respond within one month.

Full Conversation

Uk
Hi Sarah, could you please provide more details about your legal issue? This will help me give you accurate information.
Are text messages about a colleague made on personal devices under personal accounts subject to SAR and Employment Tribunal disclosure?
In the UK, text messages on personal devices could be subject to a Subject Access Request (SAR) and Employment Tribunal disclosure if they are relevant to the employment relationship or a legal claim. Key points:
- SARs cover any data where the employer is the data controller.
- Employment Tribunals can order disclosure of relevant evidence.
Could you specify if the text messages relate to a workplace dispute or grievance?
No
Thank you for the information, Sarah.
In general, even if the text messages are on personal devices, they can still be subject to disclosure if they are relevant to an employment-related matter. Here are some key points:
- **Subject Access Request (SAR)**: Employees can request access to personal data, which may include relevant text messages.
- **Employment Tribunal**: Tribunals can order the disclosure of evidence pertinent to the case.
Would you like information on how to handle a SAR or further details on the Employment Tribunal process?
How would anyone know they exist to disclose?
In the context of Subject Access Requests (SARs) and Employment Tribunals in the UK:
- **Search Obligations**: Employers are required to search for any relevant data, including text messages, if an SAR is made.
- **Relevance**: If text messages are pertinent to the employment relationship or a legal claim, they must be disclosed.
- **Identification**: Disclosure obligations are triggered by the relevance of the content to the employment matter.
Would you like guidance on how to handle such requests or prevent issues related to personal device communications?
If they are just derogatory messages about the employee but don’t mention the case?
In the UK, even derogatory messages on personal devices could be disclosed if they are relevant to an employment issue or grievance. Key points:
- **Relevance to Employment**: Messages can be disclosed if they pertain to the employment relationship.
- **Tribunal Orders**: Employment Tribunals can order the disclosure of relevant communications.
Would you like to know more about handling derogatory messages or legal protections against them?
Yes
Sure, Sarah. Here are some general guidelines and protections regarding derogatory messages:
- **Defamation**: Derogatory messages could potentially be considered defamatory if they harm the reputation of the individual.
- **Harassment**: Persistent derogatory messages may be deemed harassment under UK law.
- **Internal Policies**: Employers often have codes of conduct that address derogatory communications.
Would you like information on any specific legal protections or steps to take if you believe you are being defamed or harassed?
Yes
Alright, Sarah. Here are some steps and legal protections you can consider if you believe you are being defamed or harassed:
- **Defamation**: You may take legal action if the derogatory messages harm your reputation. Consult a solicitor for advice on pursuing a defamation claim.

- **Harassment**: Under the Protection from Harassment Act *, persistent derogatory messages can be considered harassment. You can report this to your employer or the police.
- **Internal Policies**: Review your employer's code of conduct or anti-harassment policies. Reporting the behavior internally may result in disciplinary action against the perpetrator.
Would you like more details on any of these points or how to initiate a complaint?
How long does an organisation have to acknowledge a SAR?
In the UK, an organisation must acknowledge a Subject Access Request (SAR) without undue delay and within one month of receipt. This period can be extended by two months if the request is complex or numerous.
Would you like more information on how to submit a SAR or what to do if the organization fails to acknowledge it?
Acknowledge receipt rather than respond.
Acknowledged.
No I mean how long does an organisation have to acknowledge receipt of a SAR?
In the UK, an organisation must acknowledge receipt of a Subject Access Request (SAR) without undue delay, usually within a few days. However, the formal response to the SAR must be provided within one month of receipt.
Would you like information on steps to take if an organisation fails to acknowledge the receipt of your SAR?