QLD Getting Clients' Emails Without Consent - Breach of Privacy?

[Luwis]

Hi,

I was working on a contract basis for a financial planning company here in QLD and have now resigned for over 9 months now from the business that I was working for and also the licensee.

The old person whom I was contracting does not have a contract with me and since my resignation has been quite a hassle.

I have recently discovered that my old email address is still active and the old employer is corresponding via my emails with my old clients (which in fact he is holding without their consent). Is this legal? I would think that this is against their privacy?

 

[Rob Legat - SBPL]

There's not enough information in what you've put down to tell, but the short answer is that it's doubtful there's a breach of privacy. I'm going to assume your contract (when it was operating) covered this aspect, and probably said that any client contacts obtained during the course of the contract belong to the financial planning company - or at least it would if it was a prudent contract.

I'd also assume that any engagement agreement between the consumer and the company showed that they were engaging with each other. If that is the case (and I would again expect it should be), then there's no breach of privacy as the customer has given the company their personal details and the company is using them for their intended purpose.

 

[Luwis]

Hi Thanks for the reply.

Apologies allow me to Clarify. I do not have a contract of any sort as i was not provided with one during the period.

I believe what you have mentioned is an employment contract or a contractors agreement.

Since my resignation from the Financial planning licensee as well as the company in which I was contracting to under a sub authorised representative agreement. My email account, which I used whilst working on behalf of the company, is still active - is this legal?

I have nothing but trouble with the ex-work colleague and would like to take a defamation action against this employer.

 

[Rob Legat - SBPL]

Sorry, but you haven't clarified it at all. You say you didn't have a contract, but say you were "working on a contract basis" and "contracting too under a sub authorised representative agreement". That agreement should be the first place you look.

You also haven't stated anything which would indicate you have been defamed.