Confidentiality regime v. mail services provider, who will win?

Nov, 22 2017

Constitutional Court of the Russian Federation has considered the case, related to use of e-mail services for sending files containing official confidential information. 

 

One of Russian companies’ employee was fired due to sending of intercompany documents from company e-mail to his private one, which was located on a third-party e-mail service. Employer considered this as violation of confidentiality regime and dismissed the employee. After failed attempts to dispute the dismissal, employee has filed a claim to the RF Constitutional Court. 

 

Constitutional court has come to the following conclusions: e-mail services providers do not automatically become owners of the information, sending through them by users, and sending of confidential information to the personal e-mail address provides conditions for further uncontrolled use of it, which may be considered as a violation of confidentiality regime. 

 

Summarizing the above, such sending of confidential information contrary to an interdiction fixed in employment agreement or local acts of employer shall be deemed as offense, which may lead to disciplinary punishment including dismissal. We also advise you to get acquainted with our article about how to prevent leak of confidential data at: http://valen.moscow/how-prevent-leak-confidential-data-some-aspects/