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