Pre-Action Disclosure: Another Weapon Against Data Theft

All employers know how important it is to protect their

confidential information particularly when a key employee moves to

a competitor. The everyday use of email, memory sticks, pda

and mobile phones highlight the need for employers to ensure that

their electronic systems usage policies are up to

date. Employers should have

the ability to search systems to see whether

confidential information has been downloaded or passed

on. The courts have also recognised a changing world

with a seemingly less rigid approach to granting injunctive relief

or enforcing restrictive covenants.

A recent case, by a recruitment agency against one of its former

employees, shows that employers have another weapon at their

disposal in the fight to protect confidential information namely

pre-action disclosure.

Pre-action disclosure

Often the problem facing the employer is to work out what

confidential information is in the employee's possession.

The employer has suspicions but little or no proof. In these

circumstances it may still be inadvisable to apply for

interlocutory relief notwithstanding a more sympathetic legal

system. The employer must still prove wrong doing on the part

of the employee.

Pre-action disclosure, allows a party which is contemplating...