Laptops For Work – Expectations Of Privacy

As an international financial centre, Hong Kong has one of the most transient and mobile workforces and one of the highest concentrations of information technology (IT) use in the workplace. Therefore, it is not surprising that when senior personnel leave (particularly, if it is to join a rival organisation) all sorts of issues can arise as to the whereabouts and ownership of information stored on devices such as laptops, mobile email and smartphone devices and the like.

The recent case of Re JBPB & Co and Ors [2011] HKEC 844 is another in a line of cases arising out of disputes between employers and ex-employees over the ownership of information stored on IT devices used for work. As is common in such cases, delicate issues can arise concerning access to an employee's confidential information (not to mention personal data privacy).