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ARTICLE · 25 AUGUST 2020

Access To Work Emails Under The GDPR: Can A Request To Access Data Be Too Extensive?

A former employee did not have the right to see emails in his work email account with his former employer under the rules of the GDPR because the request was too extensive.

DenmarkPrivacy

A former employee did not have the right to see emails in his work email account with his former employer under the rules of the GDPR because the request was too extensive.

Under the GDPR, a data controller must provide a data subject with access to all personal data which the data controller processes about him or her, if the data subject requests it. However, the data controller may refuse to act on such a request, if, for example, the scope of the request for access is excessive.

In this case, the Danish Data Protection Agency had to decide whether an employer was entitled to refuse to provide access to all the contents of a former employee's work email account. The former employee asked to see all emails sent or received via his work email account as well as all other emails sent in the workplace about him.

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