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Regarding downlaod of data that has been given access through my login


11-Oct-2023 (In Cyber Crime Law)
I have downloaded some data of the customers from my company login with access to it while other sections were inaccessible. We use company laptops at work & use personal PCs for work if we receive any queries when at home. I wanted to utilise the data for the upcoming project and sent the data to my personal system so that my colleagues would not misuse it and deleted from the company's laptop as they are shared PCs. Now my company terminated me framing that I have done it to monetize the data and took an undertaking mentioning in it that I have downloaded unauthorisedly at the local PS but without filing any complaint that I would not misuse in future as well.I've not shared or maintained any other copies of data and deleted them from my system in the presence of HR at the local PS.They threatened me that they would charge me with section 72 and 408,they have also taken my sign on a termination document terming it as data theft & took signature else they'd balcklist my name.pls help.
Answers (1)

Answer #1
564 votes
Dear Sir/Madam,

Be grateful to the God that your company are just threatening you with the Breach of Trust only. In this type of case the allegations will be data theft,conspiracy, defamation,breach of trust, and many more sections that employee(You) would have been behind the bars by now.

You are aware of System Admin, Network Admin, the IT support of your company will be auditing every single log (even Microsoft teams chat logs will be traced by the IT admins) and you might have also undergone the mandatory training for the project and still neglected the compliances.

As they haven't filed the case against you are safe for now. Use it to your advantage.
If you start applying for a new job and get one then this company may give a negative feedback about you in the Background Verification phase and you will be jobless again.
Don't worry I see 4 options for you.
Hire a lawyer or a negotiator to talk to the company to end th relationship on good terms.(The company may ask for a liquid cash so be prepared) OR Start up your own company OR Change your profession OR find a job outside India(or study outside for Masters and get a job in US/Aus/Can etc)
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