What are the company’s basic legal obligations with regard to data stored the cell phones, given the situation?
With regard to the data storage and transfers the company has the obligation of securing all the information contained in the employee’s cell phones. The company management should be guided by the Date Protection Acts 2003 that demand any institution to abide to the guidelines that secure and maintain the reputation of an individual. The act clearly states that data stored in the cell phone can only be accessed by the concern authorities if it breaches the organization set term and policies. It goes further to state that the data contained in portable devices such as cell phone should be encrypted to prevent any inconvenience. For personal and confidential data stored in the cell phone the company has the obligation of suing both Thom and Donna for interfering with Samantha personal and private affairs (McCallister, 2010).
The constitution protects both adult and minor confidential information unless they are against the law. The company should take immediate action on the picture in circulation within the organization. On the other hand, the legal bodies show review or investigate the picture in a professional manner so as to determine the creativity of the pictures. This would assist in making a rule on the way forward or it substantial evidence as to why Samantha committed the suicide and who should be charged for negligence. The company should set measures that would prevent or stop the member form sending the pictures and discourages people from the practices that might interfere with the due process of administering justice to both the deceased and the other concern people.
What course of action would you recommend in order to comply with the in-house counsel’s recommendation that the company preserve all relevant evidence?
The company is required to abide to the in- house recommendation to preserve all the relevant evidence therefore it means that all the concern parties should provide both hard and soft copies of evidence safety custody. This includes the collection of the picture in circulation in the organization and the personal statements from all the parties involved in the case. The company should restrict its staff from interfering with any evidence that may be of great use to the case. Also it is recommend that the safety of the affected people such as Donna should be guarantee so as to facilitate the originally of the evidence during the day of hearing and in determination of the verdict. It is the duty of the company to gather any other related evidence that may assist in the entire process. The company is recommended to come up with a legal strategy that would preserve the evidence (McLaughlin, 2013).
Do we have to preserve any evidence located overseas at our London office, and if so, what difficulties may we run into?
Evidence located oversee serve the same purpose in the legal field therefore similarly relevant to those in our London office. It implies that they should be preserved to be used in administering justice the deceased parties. All the evidence should be preserved at our London based offices to allow easy accessibility so as to enhance the entire process. Preservation of evidence located oversee comes with the difficulties of obtaining the actual or accurate data recommended to serve as evidence. In other terms evidence located oversee can easily be manipulated to favor a certain party, thus interfering with the proper channel of administering justice. It would also be a technical process to obtain the data and prune to be faced with lots of challenges that may in turn result to acquiring false statements from certain parties hence making the evidence not reliable for the case in hand.
Reference
McCallister, E. (2010). Guide to protecting the confidentiality of personally identifiable information. DIANE Publishing.
McLaughlin, S. (2013). Unlocking Company Law 2nd Edition. Routledge.
