Expert Investigations

In the UK, theft of data without the consent of the data controller is a criminal offence under section 55 of the Data Protection Act 1998. Sadly, this doesn’t stop employees stealing data and the consequences are so severe it can lead to dismissal and in some cases prison sentences. Whether you are a small, medium or large business, companies must be more vigilant as they don’t think about the impact of employees stealing their data for either personal or third-party use.

Theft of Data Case Study

The Managing Director of a design agency made contact to discuss concerns that he had. He suspected one of his employees of stealing company designs working freelance during company hours. Not only that, but passing off his employers’ work as his own. There are obvious employee contractual issues and breaches of contract, but this also constitutes Intellectual Property infringement.

There is a dilemma. How do you gather evidence without alerting the dishonest employee? The MD tried to make various enquiries himself, but internal and external elements could alert the employee at any time. It was clear from information gathered and the activities of the employee that he was acutely aware that any of his activities or actions could raise suspicion. But in his own mind he was being extremely diligent and careful in his activities and approaches.

Clearly the concerns for the MD were loss of profit, adverse PR and brand dilution. His question was: how was he to gather that evidence?

How Does The Employer Gather Evidence To Confirm The Dishonest Employee?

The employee had a particular interest in projects that involved the automotive industry and initial intelligence showed that he was working with a friend designing websites and traditional marketing media based around the automotive industry.

The first challenge for Expert Investigations Group was to create a cover story and an identity which would be appealing to the employee. We spent time with the MD in order to get an understanding of what would be enticing. From that we created a cover story which involved a new company with a product launch based around the sale of vehicle products, such as alloy wheels, in car entertainment systems, aerials and other such items as windscreen wipers and exhaust covers. This fake launch required the design of a website to allow customers to view and purchase products.

We approached the dishonest employee, who took the bait and made an appointment to meet us at the work premises of an associate of his. Two officers attended the meeting and the employee and one other person were present. The meeting was actually being conducted in the client company’s time and the employee had booked in his diary that he was in another client meeting, belonging to the client company.

Dishonesty Always Reveals Itself

During the meeting the employee projected images onto a screen from his laptop of work that he claimed was his own, his own design, that he held the IP for them and that he had been in business many years and produced references that he had put into his name that were actually references for the client company.

The meeting lasted over two hours, and we arranged a further meeting for the following week. During the second meeting the employee again, during our client’s time, produced IP belonging to our client and was clearly passing off.

We covertly recorded both of these meetings, giving clear irrefutable evidence of the marketing material, websites and other relevant IP belonging to our client. Even when sat side-by-side with the employee looking at his laptop our covert cameras were able to clearly see the laptop screen giving supporting evidence.

All of this lawful evidence was given to the client who was then able to deal with the individual not only on the contractual employee related issue, the gross misconduct issue but also on the passing off and the theft of IP.

It is a huge benefit to be able to have the capability to gather covert evidence that is irrefutable that turns your suspicions into the reality of fact.

Prevent and Disrupt Dishonest Employees

We all know the saying: prevention is better than cure. Remarkably in the commercial sector we do not consider the financial and reputational risk that dishonest employees can have on a business and organisation. Putting simple measures in place to disrupt and prevent employee dishonesty will put a company or organisation in a robust position. Contact us to start preventing and disrupting the dishonest employees in your organisation.