الاخبار

As a result of the absence of the elements of the crime

The Warehouse of Secrets was acquitted of the charge of disclosing customer data

Source:

Lamp Amin ■ Ras al-Khaimah

Date: 04 March 2022

The Ras Al Khaimah Criminal Court acquitted an (Arab) employee of the charge of sending customer data from the e-mail of his employer to his own mail, in cases other than those authorized by law, and used it for his own benefit, without the permission of the person concerned, and dismissed the civil lawsuit.

 

The prosecution stated that the accused, by virtue of his position, is a repository of the secrets of his employer, and while performing his job, he sent the data of customers and companies from the e-mail of his employer to his own mail, and the employee denied the accusation attributed to him before the court, while his employer demanded that he oblige him to pay her 21 thousand dirhams, for example. Civil compensation.

 

The accused's attorney, Hanan al-Bayed, confirmed that the crime was not in its material and moral aspects.

 

She explained that her client did not achieve any benefit from his job, and also sent his employer a message stating that he was ready to delete all data from his own device.

 

One of the witnesses stated that the accused sent a file containing the database of all companies registered with the authority, especially the defaulted ones, to his e-mail, in violation of the statement issued by him not to disclose the secrets of the authority and the policy of acceptable use of information assets, and the human resources security policy, with the intent of That is his personal use of that data.

 

He explained that the accused established a company that carries out its activity by providing services related to transactions and administrative services to businessmen, and pointed out that one of the clients contacted the authority, inquiring about the reason for the accused’s communication with him, despite leaving the work in the authority, a behavior that damages the authority’s reputation and credibility with its clients.

 

The court ruling stated that what is established from the papers is that the crime in question is not available, with its material and moral cornerstones against the accused, because the evidence for the court from reading the statement of confidentiality submitted by the victim body is that the accused pledged not to discuss any type of information from documents, contact data and related matters. customers, which it owns with any other person or an external third party, without obtaining the necessary authorization, which was not verified by the accused.

 

She added that the papers were devoid of evidence that he had disclosed any information about the business to a third party, and that the email he sent to a customer did not include the disclosure of any confidential data about the business, and that this crime is not realized just because the accused uses the customer's data, which is It has been proven to the court that the crime against the accused has not been realized and it is necessary to acquit him of the accusation against him, and accordingly the damage required for the claimed compensation is negated.