Confidentiality During Employment and after Termination

In what appears to be one of the few times that a judge has felt justified in allowing the inspection and imaging of employees' computers, the High Court has recently ordered that an employer may instruct an independent computer expert to inspect and take images from the personal computers of two former employees.

The business was granted a mandatory injunction after information came to light which suggested that the individuals had misused confidential information belonging to the employer during their employment. The court took into account the fact that it had a high degree of assurance about the strength of the employer's claim, and that the business had taken years and used significant resources to create the confidential information at the heart of the proceedings. The fact that the inspection and imaging would be carried out at the employer's expense is also likely to have been an important factor in the judge's decision making.

This draft e-mail sets out the key issues from the case for businesses.