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UK Computer Misuse ActUK Computer Misuse ActPosted Sep 15, 2010 20:55 UTC (Wed) by copsewood (subscriber, #199)In reply to: Remotely wiping mobile phones by ewan Parent article: Remotely wiping mobile phones
A company that wipes an employee owned system without the employee being informed of and signed up to a policy authorising the company this access and modification over employee's private property would, in the UK be committing a Computer Misuse Act section 3 offence. That is a criminal, not a civil matter. If the company gets this wrong and the employee or ex employee complains to the police, the company decision maker causing this to occur could theoretically end up in jail.
As a UK company email administrator, if you were to implement such a policy without having it in writing from the pointy haired boss making this policy, it could be you that ends up in jail. Kind of situation where the administrator or PHB needs to be forewarned.
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UK Computer Misuse Act Posted Sep 16, 2010 8:03 UTC (Thu) by philipstorry (subscriber, #45926) [Link]
Under the same law, if the company has a policy that only approved devices are allowed then connecting your phone to the mail system is also an offence.
Nobody wins in this scenario. Yes, you can have the administrator (or company) prosecuted for breaking the law. But they will end up showing the police that you also broke the law.
I suspect that the CPS is going to be very upset if many such sets of cases come along, as they'd probably rather be spending their already limited resources dealing with something like violent crime...
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