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DATA SAFETY WORKSHOP

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.

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DATA SAFETY WORKSHOP

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  1. DATA SAFETY WORKSHOP Employment Law Issues Arising from a Data Breach Kathryn Dalziel Taylor Shaw Christchurch

  2. Technology and Rapid Change There have been a few changes over the past few years ….

  3. Technology and Rapid Change

  4. Technology and Rapid Change With a little bit of George Orwell ….

  5. Data breach …. Prevention is better than cure

  6. Prevention …. • 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 is better than cure

  7. Prevention …. • Examples • IT Policy • Computers • Lap tops, e-notebooks/tablets • Mobiles • Emails • Social networking • Note: health and safety implications Prevention is better than cure

  8. 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 Prevention is better than cure

  9. 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. Prevention is better than cure

  10. Summary of Process Employee Employer Unjustified Dismissal Dismissal Justified • Reason • Procedure Damages Contribution

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