Workplace Computers And Electronic Devices: Protecting Confidential Information And Preserving Evidence

Sooner or later, most employers who provide their employees with computers or electronic devices to access and use company information¹ will be faced with situations in which they suspect current or former employees of having copied, transferred or destroyed company information without the right to do so.

This is part one of a four part series in which we will discuss this matter from a legal and practical perspective. Where an employer believes that an employee may have engaged in such behaviour, the employer's actions should be focused on two key objectives: protecting the confidentiality of the information in question and securing the evidence of the wrongdoing.

In this first part, we will provide tips regarding what an employer should do when they are concerned that a current or former employee has unlawfully copied, transferred or destroyed company information. These are the do's and don'ts with respect to the crucial initial minutes and hours following the