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The employee steals company information

The employee steals company information

What is the risk of those who download or delete data from the company’s computer and use it for personal purposes: Crime and dismissal.

Accessing a computer does not mean that you can access its data anyway. The information stored in it should be used for business purposes. Otherwise, you could face disciplinary action and criminal action. Yes Stealing company data by employee This is a crime and the case law of the Supreme Court has repeatedly declared it out loud.

Recent judgment of the Supreme Court [1] Deals with a similar case. In particular, an executive with the duties of a business director, after resigning, returned the company’s PC, not before removing and then deleting its contents: emails and working data containing information about customers’ phone numbers, products and production methods. Through technical intervention on the PC hard disk, the employer retrieved some deleted data, including the manager’s personal password, which was then used to access personal messages from the same manager. From this letter he discovered that he had acquired the PC company to spread confidential information on the PC. The former employee had to go through a lengthy process to defend himself from claims for damages.

The case, which ended in the Supreme Court, is meant to illustrate what its consequences are Stealing company data by employee. But the queue can continue.

It is an offense to abuse the computer system while consulting the system

We will start immediately so that the employee who has access to the roommate’s computer can use the relative’s lack of access and the absence of these to sue. Unauthorized access to the computer system Regardless of how he uses the information so obtained. Therefore, the offense is triggered if the data is downloaded or simply consulted. A worker (or anyone else) who already has access credentials to a particular computer, if they use them for the purposes for which they were originally issued, is also subject to the criminal offense in question.

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What is the risk for those who format the company PC or delete the data in it?

Then there is crime Damage At the time of dismissal, the employer is available to the employee whose computer material is available Configure the system, Despite its own creation (think about collecting customer names), deletes all data at its disposal.

The Supreme Court has pointed out the correct classification of this behavior: and more specifically, the offense of “damaging information, data and computer programs” provided by Section 635 Biz of the Criminal Code. Awful Imprisonment from 6 months to three years.

Although the deletion of data is not certain, there is often a guilt that occurs when it is possible to recover data through special procedures.

In the face of damage, the victim – the employer in this case – can always ask Compensation for damage, In the context of the same criminal proceedings (by establishing a civil party), and with a specific civil judgment.

Who is that employee beyond that Delete data from the company’s computer Risks Dismissal for reasonable cause, Violated the obligations of diligence and faith.

Compensation for offense and damage, as well as dismissal, are independent consequences of using the data for personal purposes.

In short, stealing data from the company PC first terminates the employment relationship (so-called) immediately. Dismissal for reasonable cause) But above all a lawsuit with a relative requesting compensation for a crime that caused damage to IT systems.

I Data on the company’s PC Company assets provided to the employee and used for the performance of the work process. Therefore, the employee who removes or manipulates or alters such data, engages in disciplinary conduct, commits a civil and criminal offense and may incur damages.

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What is the risk to the employee downloading data from the company computer

With an interesting precedent, the Supreme Court [2] Said the downloading (downloading) employee Data on the company’s PC, He possesses it, but if he uses it for personal gain, he commits a crime Misuse.

In addition, the built-in employee a Non-competitive contract If it intends to create its own customer network, it may sue for damages caused by such use. If the employment relationship is still in place, the ban on competition does not even require the existence of a non-competitive contract and there is a risk of dismissal for a just cause.

Evidence for crime: How does the company find a treacherous employee?

But how does the employer understand the cancellation? Download data from the company’s computer? According to the Supreme Court, the company may produce personal documents such as emails and messages received from the same computer used by the employee to prove the conduct. They are not data subject to privacy. Conversely, they are always allowed defensive controls. Regardless of whether the Employment Act – i.e. the labor law reform enacted in 2015 – allows the employer to control enterprise equipment until employees are notified (tablets, PCs, phones, etc.). As mentioned now, information is not required Defensive controls, I.e., when the company has well-established suspicions of malpractice in the conduct of its employee, it must obtain evidence of guilt.

The preparation of documents containing personal data in court is always permitted when necessary to exercise a copyright and is not prohibited by privacy law which allows the processing of personal data of others without the consent of the owner during processing. Aimed at protecting entitlement in court.

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[1] Cos. Sent. n 33809/2021.

[2] Cos. Sent. n 11959/2020.