Industrial Espionage in Cyberspace

In Practice: Leaving with Sensitive Data

While various computer experts and government agencies attempt to estimate the impact and spread of corporate espionage, its very nature makes accurate estimates impossible. Not only do the perpetrators not wish to disclose their crimes, but often the victims will not disclose the event either. However, anecdotal evidence would suggest that the most common form of espionage is simply an employee who quits, takes a job with another firm, and leaves with sensitive data. In many cases, these employees choose data that is readily available within the company and, as such, the data is considered a “gray area” as to its confidentiality. For example, a salesperson may leave with a printout of contacts and customers so that he can solicit them on behalf of the next employer. It is critical that you have a very well-worded nondisclosure and noncompete agreement with all employees. It is best to solicit the services of an employment attorney to draw up this agreement. Additionally, you might consider limiting an employee’s access to data prior to terminating his employment. You should also conduct exit interviews and consider confiscating items such as company phone books, which may at first seem insignificant but which could contain data useful to another company. It is also the case that thumb drives, smart phones, and other technologies provide a method for taking data out of a company. Some companies restrict the use of these devices.