Reap What You Sow

The Winter 2009/2010 edition of Legal Strategy Review included an article by Jonathan Ball and Paul Griffin entitled, "Unlawful competition: is your data safe?"  That article discussed "the rules of redress in England and Wales should ex-employees use data unlawfully."  One interesting suggestion they made was for employers to place tracking "devices" in valuable databases so that they could more easily prove that their ex-employees obtained that information from the former employers rather than some other source.  For example, the employer could "seed" a database with artificial contacts (e.g., Hugh Jass)  If the artificial contacts are later found to be in an ex-employee's possession, he or she will have a difficult time arguing that the contacts were obtained from a public source such as the phone book or the internet.  I recommend that employers try this "seeding" idea. It's a relatively simple and cost-effective way to protect valuable data. Just make sure you document the "seeds" you planted so you can use them later. As Paul told the Galatians, "Whatsoever a man soweth, that he shall also reap."