Staff tempted to walk off with company data when switching jobs have been warned they could face an unlimited fine after one legal executive from Yorkshire was caught red-handed.
The move follows the successful prosecution of paralegal James Pickles, who previously worked at Jordans Solicitors in Dewsbury, Yorkshire.
Pickles found himself hauled up before the beak for illegally taking sensitive information – which he sent to his home email address – before leaving for a rival firm in April 2013.
He had claimed that he was simply going to use the information, which included workload lists, file notes and template documents in his new role. However, the documents still contained sensitive personal data on more than 100 people.
Appearing at Bradford & Keighley Magistrates Court, Pickles was prosecuted under section 55 of the Data Protection Act and fined £300, ordered to pay a £30 victim surcharge and £438.63 prosecution costs.
Information Commissioner’s Office head of enforcement Stephen Eckersley said: “Stealing personal information is a crime. The information contained in the documents taken by James Pickles included sensitive details relating to individuals involved in ongoing legal proceedings. He took this information without the permission of his former employer and has been rewarded with a day in court and a substantial fine.
“Employees may think work related documents that they have produced or worked on belong to them and so they are entitled to take them when they leave. But if they include people’s details, then taking them without permission is breaking the law. Don’t risk a day in court.”
Unlawfully obtaining or accessing personal data is a criminal offence under section 55 of the Data Protection Act 1998. The offence is punishable by way of a fine of up to £5,000 in a Magistrates Court or an unlimited fine in a Crown Court.
The ICO continues to call for more effective deterrent sentences, including the threat of prison, to be available to the courts to stop the unlawful use of personal information.
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