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.