Data Theft
2 years ago
Hi, my cousin has been found sending official data to her personal email. The company is accusing her of data theft and is in the process of going legal. While she accepted mailing it to her personal mail, what would be the legal remedy that she can get? How the company can prove that the data are highly sensitive and their loss of financial or intellectual properties? Kindly suggest. Thanks a lot!
If the data is of anything that falls under the ambit of trade secret then they can be considered as highly sensitive and also if the data transferred is of value to the company's competitors then it results in loss of financial or intellectual properties. Note that the legal remedy is available to the company as their information was stolen and not your cousin.
Thank you
A.Dear Sir,
My answers are as follows:
1. While she accepted mailing it to her personal mail, what would be the legal remedy that she can get?
Ans: The company must appreciate the honesty of the employee since she has admitted having sent the data to her personal mail but there is no malice intention to sell the same or get benefit out of it for only security purpose or personal reviewing the matter she might have done so. It is not an offence.
2. How the company can prove that the data are highly sensitive and their loss of financial or intellectual properties? Kindly suggest. Thanks a lot!
Ans: Even if company prove that it is highly sensitive and it may cause financial loss is not sufficient to punish the employee unless employee transferred such data to my personal email id with a bad intention. Thus, so many defence can be raised and continue her job or if terminated compensation can be claimed on the ground of illegal termination.
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