Going Rogue: Employer Liability for Employee Misuse or Theft of Company Data

OACTA Quarterly Review

In today’s highly digital and technological age, employees are commonly utilizing company networks and systems to communicate, conduct business, and access data. While productivity has increased exponentially with the advancement of technology, so too has the risk of misuse and theft of sensitive, confidential company data by employees. Importantly, the biggest threat of a data breach today comes not from malicious outsiders, but from inside the company in the form of the organization’s own employees. To make matters worse, the severity of the impact felt by companies who experience data leakage has proliferated in recent years. In addition to the catastrophic financial consequences caused by a data leakage incident, the reputational hit that a company customarily takes in the wake of an incident can also have dire consequences on the long-term viability of an organization. Combined, it is imperative that companies large and small ensure that they are protected against employee misuse and theft of company data. Fortunately, there are several proactive steps that organizations can take to minimize the risk of falling victim to inappropriate data utilization by company insiders.

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“Going Rogue: Employer Liability for Employee Misuse or Theft of Company Data,” by David J. Oberly was published in the Spring 2019 edition of the OACTA Quarterly Review, a publication of the Ohio Association of Civil Trial Attorneys. Reprinted with permission.