Data theft by employees poses a significant risk to organizations. This guide for CHROs explores how leveraging legal and forensic expertise can help identify culprits, preserve digital evidence, and ensure its admissibility in court
As Chief Human Resource Officers (CHROs), you are entrusted with safeguarding not just the human capital of your organization but also its most valuable assets—data and intellectual property. In today’s digital age, data theft and related offenses by employees have emerged as significant challenges, threatening the integrity and security of businesses. Whether an employee is currently on the job or has already left, the risks persist, making it imperative for organizations to adopt robust measures to identify, preserve, and retrieve digital evidence of such offenses.
Potential Data Theft or Data-Related Offences by Employees
Data theft by employees can manifest in various forms, including but not limited to:
- Unauthorized Access and Disclosure: Employees might access sensitive data without authorization, often leading to unauthorized disclosure to external parties.
- Data Manipulation and Deletion: Altering or deleting critical business data can disrupt operations and cause financial loss.
- Intellectual Property Theft: Employees may steal proprietary information, such as trade secrets, product designs, or customer data, to benefit a competitor or start their venture.
- Installation of Malware: Employees with malicious intent can install spyware or malware, enabling them to siphon off data over time.
- Email and Cloud Storage Abuse: Unauthorized forwarding of company emails or uploading sensitive data to personal cloud storage accounts are common data theft practices.
The Role of Cyber Law Firms with Cyber Forensic Expertise
When faced with data-related offenses, CHROs must act swiftly and decisively. Partnering with a cyber law firm that possesses both cyber legal and forensic expertise can make a substantial difference. Here’s how such firms can assist:
- Identification of Culprits: Utilizing advanced cyber forensic tools, these firms can trace the digital footprints left by offenders. By analyzing logs, system accesses, and data transfers, they can pinpoint the employee responsible for the breach, and whether they are still employed or have left the organization.
- Preservation of Digital Evidence: Digital evidence is fragile and can be easily altered or destroyed. Cyber forensic experts know the critical importance of preserving evidence in its original form. They employ standardized protocols to collect, preserve, and analyze data, ensuring it remains admissible in court.
- Retrievability of Digital Evidence: A key aspect of cyber forensics is ensuring that digital evidence is not just preserved but also retrievable when needed. This involves creating clear chains of custody, using secure storage methods, and maintaining logs that prove the integrity of the evidence over time.
It is not only important to have evidence but it is important to ensure that they should be admissible in court of law.
Electronic Evidence and its Admissibility in Court of Law: Under the current legal framework, several provisions address data theft and related offences, providing a basis for legal action and the management of digital evidence.
- Information Technology Act, 2000:
- Section 43: Deals with unauthorized access, data theft, and damage to computer systems, making the offender liable to pay compensation.
- Section 66: Criminalizes acts of hacking and data theft, punishable with imprisonment and fines.
- Section 72A: Specifically targets breaches of confidentiality and privacy, including the disclosure of information without consent.
- Bhartiya Sakshya Adhiniyam (New Evidence Act), Section 63: Section 63 of the Bhartiya Sakshya Adhiniyam provides for the admissibility of electronic records as evidence. The authenticity and reliability of electronic evidence are crucial for it to be accepted in court.
The role of Cyber Forensic Experts is pivotal in certifying electronic evidence. They ensure that digital evidence is properly extracted, authenticated, and preserved to meet the legal standards required for admissibility. This includes using hash values, maintaining a chain of custody, and providing expert testimony if needed.
A Cyber Lawyer’s Role is equally critical in guiding the process of evidence collection, ensuring that the methods used are legally sound and that the evidence gathered is relevant and admissible in court. They collaborate closely with forensic experts to make sure that the right procedures are followed, protecting the integrity of the evidence throughout the legal process.
These legal provisions and expert roles underscore the importance of meticulous handling of digital evidence in legal disputes involving data theft. By integrating the expertise of cyber forensics and legal guidance, organizations can significantly strengthen their position in court and ensure that justice is served.
Why Consider Expertise Like Law Firm CorpoTech Legal? When dealing with data theft and cybercrime, it can be beneficial to work with a legal partner that has expertise in both cyber laws and cyber forensics. Here are some aspects to consider when choosing such expertise:
- Legal and Technical Proficiency: It may be advantageous to seek a legal partner with a strong understanding of the IT Act and related cyber law frameworks, coupled with technical proficiency in cyber forensics. This combination can help ensure a comprehensive approach to tackling data-related offenses.
- Advanced Forensic Capabilities: Working with firms that offer advanced cyber forensic services could significantly enhance the ability to trace digital footprints, identify culprits, and retrieve crucial evidence in a manner that preserves its integrity for legal proceedings.
- Integrated Approach: Consider firms that provide end-to-end services, from identifying and preserving digital evidence to assisting in the presentation of such evidence in legal contexts. An integrated approach can streamline the process and bolster the effectiveness of your response to data breaches.
By opting for expertise that combines both legal and technical skills, organizations can be better equipped to address the complexities of cyber threats and data theft. CorpoTech Legal’s experience in both domains, under the leadership of Ajay Sharma, a Cyber Lawyer, having expertise in Cyberlaw, Cyber Forensics, and HR, might serve as a useful benchmark when evaluating potential partners for your cyber law needs.
Data theft by employees is a growing concern that requires a proactive and comprehensive approach. By partnering with a cyber law firm like CorpoTech Legal, with its dual expertise in cyber laws and cyber forensics, CHROs can better protect their organizations. From identifying the culprit to preserving crucial evidence, the role of a specialized law firm is indispensable in mitigating the risks of data-related offenses. Protect your organization’s most valuable assets—choose a partner who understands the legal and technical intricacies of cyber threats.
Note: This blog aims to provide CHROs with an understanding of the critical role cyber law firms can play in safeguarding their organizations against internal data threats. It is purely for information purposes.