Confidential information The insider threat Bird & Bird Padraig Walsh “A secret's worth depends on the people from whom it must be kept.” ― Carlos Ruiz Zafón, The Shadow of the Wind
Dec 02, 2014
Confidential information The insider threat
Bird & Bird Padraig Walsh
“A secret's worth depends on the people from whom it must be kept.”
― Carlos Ruiz Zafón, The Shadow of the Wind
The management view The employee view
49 of the 100 bosses surveyed are concerned that a potential threat to their company's [confidential data] would lead directly to the loss of their job
59% of employees who leave/are asked to leave take company data with them
79% of those employees admit they had no permission to do so
53 per cent of those questioned felt that not enough was being done to protect their rights.
67% of employees used the data stolen to secure a new job
38% of data transfers involved employees emailing data to personal email accounts
Federation Against Software Theft (FAST), July 2012 Ponemon Insitute LLC: Data Loss Risks During Downsizing (23 February 2009)
The issue
Deliberate harm Inadvertent harm
Possessive geek Inadequately trained
Malicious miscontent Negligent
Venal careerist Inadequately supervised
Confidential information
public information confidential information trade secrets
Confidential information is § secret § inaccessible § disclosed and used in ways to keep it secret
Confidential information is not § public § trivial § know how
Powerful policies
IT usage policy § ownership of systems and content § use of thumb drives and external hard drives § permitted and prohibited use of systems and internet § legal issues (defamation, confidential information) § use of own devices § use of social media § disciplinary measures
Employee monitoring policy § purpose of monitoring § scope of monitoring § use and storage of data collected from monitoring § disciplinary measures
Resignation protocol § external IT access § blackberry and laptop use § mobile phone use § office access § work allocation § credit control management § business development § expense controls § internal authorities
Employee duties
Implied contractual
Fiduciary § Loyalty § Good faith § Avoid conflict § No personal gain § Implied contractual § Act honestly § Good faith § Not to abuse confidence § Protect employer’s interests § Express contractual § Extend provisions and protections
Fiduciary Express
contractual
Causes of action and remedies
criminal complaint
breach of confidence
breach of contract
injunction
account of profits & damages
criminal fine
© Bird & Bird 2013