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(Guest)

Computer access - exemployee

A Company's employee who was given secure access to the company's confidential information, left the Company without providing his secure access password which he knows only. 

 

Even after  a no. of foolow ups by the Company, the ex-employee didnot provided the info, so the company spent some expenditures by asking technical experts to get the access.

 

Now under what provisions of cyber laws, the company can sue against him for not providing of such vital info.



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 5 Replies

Kumar Doab (FIN)     13 January 2012

Usually the computer access is thru adminstrator and therefore even if the employee seperates the adminstrator can access the secure password and computer and files and contents.

After separation if employee requires access and files usually it is not granted by the employer.

In case of dispute employer and employee both act in the manner as posted by you.

It may not be fruitful if you chase the employee. This employee can also come up with his viewpoint. On the last day in the office charge should have taken from employee.

1 Like

(Guest)

Thank You for Mr. Doab for the prompt reply , 

In this case, that ex-employee somehow locked the access which is difficult to unlock.

And most importantly, because of the reason that the ex-empoyee didnot hand over the documents properly, the Company wants to write him a striclly legal letter refereing to some cyber laws panalty provisions for his such doings.

If you have any knowledge of such cyber laws, pls provide.

thanks again.

Praveen Goud Vanga (Advocate)     13 January 2012

U can file a criminal breach of trust case

Kumar Doab (FIN)     13 January 2012

Regret cyber laws as asked by you are not known.

It is imp. to assess why this employee has done so?

Did the company also offend this employer? If yes this employee may also retaliate.

If this employee has been punished during the service only then the chapter should be closed and thus both the parties shall be at peace .

If the employee was a chronic nuisance you may proceed as deemed fit.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 January 2012

1. You can issue the notice to the employee.

2. You can stop the benefits due to the employee

3. You can refuse to give relieving and no-dues certificate.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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