Theft or not?

Discussion in 'Off-Topic Discussion' started by Sheal, Feb 4, 2013.

  1. Sheal

    Sheal Total Gardener

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    A friend has recently started his own business after leaving a previous company who traded along similar lines, they are both members of 'Linked In'. His ex-boss has gone into his account and stolen it, changed the password and he now isn't able to access it.

    Is this classed as theft and if so who would he report it too?
     
  2. clueless1

    clueless1 member... yep, that's what I am:)

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    It is certainly a violation of the Data Protection Act 1990 (As amended). In which case he can making a complaint to the Information Commissioner's Office. Possibly to LinkedIn also if they have an UK office.

    It is possibly also a breach of the Misuse of Computers Act 1990, but I'm less sure of the where the boundaries are on that one.
     
  3. ARMANDII

    ARMANDII Low Flying Administrator Staff Member

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    Well, if it's his own individual account and he has evidence that what was in there was his and who has taken it, I would have thought that there wasn't a problem unless any laws on the island are different??
     
  4. Spruce

    Spruce Glad to be back .....

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    'Linked In'

    Why cant he just create a new one and ask people to join , its a bit like face book so I have been told but for Business , I am always getting pestered to join , but its another one I DONT TRUST .

    Spruce
     
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    • Sheal

      Sheal Total Gardener

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      He's got over 5000 accounts so your idea is not really viable Spruce, but thanks for the idea.
       
    • Sheal

      Sheal Total Gardener

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      Thanks all, at this moment with the help of Linked-In and a lot of personal identification from himself they have got him back into his account but apparently his ex-boss has pretty much 'scuppered' it, he's heartbroken. He has also discovered other unlawful issues concerning this person in the process of trying to sort things out and will be taking it not only to our Data Protection People on the island but to the police as well, tomorrow.
       
    • Webmaster

      Webmaster Webmaster Staff Member

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    • Sheal

      Sheal Total Gardener

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    • Jack McHammocklashing

      Jack McHammocklashing Sludgemariner

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      Depends on the company, but it is illegal to leave a company and start a similar business model yourself unless given permission by said company or a set period of time
      basically so you can not poach the accounts or clients

      Jack McH
       
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      • clueless1

        clueless1 member... yep, that's what I am:)

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        Sorry Jack, I must disagree. It is common practice to put a clause like that in a contract of employment, and of course a contract is law, but the law itself doesn't impose such restrictions. If it did, the jails would be full of people like me.
         
      • Sheal

        Sheal Total Gardener

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        Jack, the company that has been started by our friend is filling a gap in the services of the previous company he worked for.

        No further news at the moment.
         
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        • Loofah

          Loofah Admin Staff Member

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          Get back to LinkedIn - they should have a backup of his account from before it was tampered with.
          My tuppence worth - his ex boss is a tit. Even if there was a 'no competition' clause in his contract they're almost unenforcable as it is a restriction on your ability to make a livelihood.
           
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          • Sheal

            Sheal Total Gardener

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            Thanks Loofah. LinkedIn have retrieved his account, please see my post #6. :)
             
          • Sheal

            Sheal Total Gardener

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            I've just heard the situation is now in the hands of Linked-Ins solicitors.
             
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