DATA SAFETY WORKSHOP

Employment Law Issues

Arising from a Data Breach

Kathryn Dalziel

Taylor Shaw

Christchurch

Technology and Rapid Change

There have been a few changes over the past

few years ….

Technology and Rapid Change

Technology and Rapid Change

With a little bit of George Orwell ….

Data breach ….

Prevention is better than cure

Prevention ….

Prevention is better than cure

• Culture of Privacy: ‘do as I do’• Good Policies• Lawful Purpose• Scope of Employer Control

• Connection with the workplace• Is this acceptable/appropriate?• What is the harm?

• Consistent with Brand/Culture• Code of Business Conduct

• Understandable• Visible

Prevention ….

Prevention is better than cure

Examples

•IT Policy• Computers• Lap tops, e-notebooks/tablets• Mobiles• Emails• Social networking

Note: health and safety implications

Cure ….

Prevention is better than cure

• Preliminary investigation• Employment relationship problem• Disciplinary action?

• See Employment Agreement• Policies and procedures

• Investigation• Notice• ALL information (Good faith)• Fair opportunity to comment• Representation and/or support

Cure ….

Prevention is better than cure

• Decision• Penalties (see process above):

• Performance Management• Warning/s• Termination

Actions that a fair and reasonable employer COULD have undertaken in all the circumstances at the time.

UnjustifiedDismissal

Employee Employer

Dismissal Justified

• Reason• Procedure

Damages

Contribution

Summary of Process