Contractor - stolen data

[Deleted member 335890]

Hi all,

I have recently started with a firm and we have just found out that a contractor has stolen the entire email database and given it to 2 rival firms.

We are in the process of compiling the evidence but before we approach the contractor to give him the opportunity to come clean, does he get treated like an employee going down the disciplinary route and therefore give him notification of a pending hearing outlining the allegations, or are we able to go straight into the meeting with him not knowing what it’s for?

Any advice would be appreciated.

 

[WaveJumper]

Not sure that you can carry out a disciplinary as though he was one of your employees but others members like @Newchodge will have a better perspective on this.

What I would say as annoying as this is (to put it mildly) the company could come under fire for not having a secure data base, who is the designated controller of data, who is responsible for its safe keeping what systems are in place you don't want to be found 'wanting" under the GDPR legislation

Have you informed all your clients there has been a data breach you might won't to have a read up on the topic:

UK GDPR guidance and resources

ico.org.uk

 

[fisicx]

...does he get treated like an employee...

All depends what it says in the contract - but as they are not an employee they aren't subject to the same process (usually).

Terminate the contract and initiate legal action. A private prosecution for theft might be a good place to begin.

And as @WaveJumper suggests, you need to report the breach - which may result in legal action against the data controller and the company.

 

[intheTRADE]

It certainly does beg the question why a person, a contractor at that, has easy access to an entire database

Report the breach of data ASAP and expect a comeback against the company

 

[GSinghD]

Hi all,

I have recently started with a firm and we have just found out that a contractor has stolen the entire email database and given it to 2 rival firms.

We are in the process of compiling the evidence but before we approach the contractor to give him the opportunity to come clean, does he get treated like an employee going down the disciplinary route and therefore give him notification of a pending hearing outlining the allegations, or are we able to go straight into the meeting with him not knowing what it’s for?

Any advice would be appreciated.

We need to establish if any empoyment relationship exist. If its purely self employed then no you cant use disciplinary as such. However could look at contract for services and terminate. If they have take client data then it is a severe breach in any which way employed or self employed.

 

[Financial-Modeller]

Hi all,

I have recently started with a firm and we have just found out that a contractor has stolen the entire email database and given it to 2 rival firms.

We are in the process of compiling the evidence but before we approach the contractor to give him the opportunity to come clean, does he get treated like an employee going down the disciplinary route and therefore give him notification of a pending hearing outlining the allegations, or are we able to go straight into the meeting with him not knowing what it’s for?

Any advice would be appreciated.

What are you trying to achieve? What remedy is sought against the contractor?

If they were not an employee, there is no point trying to treat them as one, as any outcome of that exercise would be meaningless for a contractor who has left the organisation.

As @fisicx and @GSinghD suggest, seek legal advice and if appropriate, take legal advice against the contractor as a service provider.

Perhaps more importantly, consider training and/or disciplinary action against whoever appointed the contractor and/or whoever was meant to be overseeing whatever they were working on. That is where your problem is.

 

[IanSuth]

It is usual for a contractors contract to have a clause regarding confidentiality and treatment of proprietary information gained from carrying out the contract.

Remember if this is a true contractor (not a PAYE temp) then forget everything about employment it is a company to company contract not an employment contract

 

[Newchodge]

Hi all,

I have recently started with a firm and we have just found out that a contractor has stolen the entire email database and given it to 2 rival firms.

We are in the process of compiling the evidence but before we approach the contractor to give him the opportunity to come clean, does he get treated like an employee going down the disciplinary route and therefore give him notification of a pending hearing outlining the allegations, or are we able to go straight into the meeting with him not knowing what it’s for?

Any advice would be appreciated.

A contractor is not an employee, no employee policies can be applied.

 

[Bob Morgan]

https://www.actionfraud.police.uk/

Quickly followed by this link for their reaction!