Query under information technology act / CrPc
Querist :
Anonymous
(Querist) 17 May 2011
This query is : Resolved
a couple of employees of my IT firm have quit in close succession, and I have learned through another employee that they are planning to use software & IP created while they were employed in my firm, to sell that IP to competing firms for money, and to use that IP to launch their own business.
We have agreements from all employees stipulating that all IP created during employement rests with the company. Also, while employed, employees must not indulge in acts injurious to the organization.
we have trhu spyware loaded on official laptops and PCs been able to access private email accounts of employees which show them to be indulging in acts of IP theft and acts contrary to their agreement with our organisation.
Our dilema is whether to use the evidence gathered through the employee's privte email accounts. Is this admissibke in court. will we be violating any law by capturing evidence from private email id of employees?
Chanchal Nag Chowdhury
(Expert) 17 May 2011
YES. The evidence can be used provided it can withstand scrutiny. It is not important as to where from the evidence has come as long as it is cogent & relevant. The accused will have ample opportunity to rebut it.
adv. rajeev ( rajoo )
(Expert) 17 May 2011
Yes definitely. You can use those as an evidence against the employees
Advocate. Arunagiri
(Expert) 17 May 2011
By accessing the employees email ID using a spyware software, you have committed the offense.
Querist :
Anonymous
(Querist) 17 May 2011
Adv.Chowdhary, Adv.Raju and Adv.Arunagiri, Thanks all for your inputs. As you can see, even the lawyers are a divided lot on this subject. I understand that the court will have to take a view on this and it may go ether which way.
Adv.Arunagiri, in your opinion what sections of which act would the offense of accessing private email of employees be covered under? What is the sentence being awarded by the court in such matters? Would the court be sympathetic that the acts were committed only in self defence. There is no act of causing harm to the otehr party by maliciously deleting tehir emails or posting offensive content using their login id etc.
Another query is whether there is precedence in india of gmail having made available emails of account holders upon court notice, and if yes, then what is the procedure for the same.
Guest
(Expert) 17 May 2011
Dear Anonymous,
Your organization's interest is primary as compared to your ex-employees interests in so far as the theft of intellectual property is concerned. Even if you have committed an offence under the IT Act, that will be secondary and can be processed only separately through a separate case, if any one points out towards that during the court case. You will have a sound defence even for that as the security of your intellectual property was of prime importance and you used software only for that purpose, not to harm any individual.
