Am I allowed to publish private messages or emails without consent?
January 13, 2022 | 50,00 EUR | answered by Chloé Tressel
Dear media law attorney,
I am reaching out to you with a question regarding data protection and privacy. My name is Daniel Bauer and I work for a company where confidential information about customers and business partners is exchanged. Recently, I have received private messages and emails that contain sensitive information. Now I am wondering if it is legally allowed to publish these private messages or emails without the consent of the senders.
My concern is that I may be in violation of current data protection laws if I disclose or publish this information. I do not want to risk any legal consequences or lose the trust of my colleagues and business partners. At the same time, I am also worried that if I do not share the information, important business decisions could be influenced.
Can you please explain to me what the legal situation is in this case and whether I am allowed to publish the private messages or emails without the sender's consent? Are there possible solutions to maintain data protection while also protecting the interests of my company?
Thank you in advance for your support and advice.
Sincerely,
Daniel Bauer
Dear Mr. Bauer,
Thank you for your inquiry regarding data protection and privacy in relation to private messages and emails you have received. As a media law attorney, I can provide you with some information regarding the legal situation in this case.
First and foremost, it is important to emphasize that private messages and emails are generally subject to data protection. This means that as the recipient of these messages, you are obligated to maintain the confidentiality and protection of the information contained therein. Publishing or sharing this information without the consent of the senders can typically constitute a violation of applicable data protection laws.
It is important to note that private messages and emails are considered personal communication, which falls under the protection of the fundamental right to informational self-determination. This means that the senders have the right to decide who has access to their personal information and how it is used. Without the explicit consent of the senders, it is generally not permitted to publish private messages or emails.
In your case, where confidential information about customers and business partners is involved, it is particularly important to uphold data protection and respect the privacy of the senders. Even if you believe that the information could be relevant for important business decisions, you should not act without the consent of the senders.
To uphold data protection and protect the interests of your company, I recommend that you adhere to the legal framework and consider conducting a data protection impact assessment if necessary. You may also consider requesting consent from the senders to use their information if it is required for business purposes.
In any case, it is advisable to consult with a specialized attorney in data protection law to ensure that you are acting in accordance with legal regulations. I am happy to assist you with any further questions and support you in resolving this matter.
Sincerely,
Chloé Tressel
Media Law Attorney
