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Survey: When Leaving Company, Most Insiders Take Data They Created
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AndrewfOP
AndrewfOP,
User Rank: Moderator
12/23/2015 | 2:20:16 PM
Confidentiality Agreement Documentation
What I am curious about is: what is the percentage of those surveyed that have signed a confidentiality agreement?  Granted, having papers signed, people following the agreement and subsequent enforcements/lawsuits are different things, but signing a document using pen with your name on it always signals significance.  Just having a policy without enforcements, or some easily ignored pop-up warnings are hardly sufficient, which is what I suspect are the practice of the companies that people in the survey worked for.
RyanSepe
RyanSepe,
User Rank: Ninja
12/23/2015 | 2:38:25 PM
Re: Confidentiality Agreement Documentation
Agreed, without a process to follow you will have a hard time changing the outlook and behavior of the employee.
theb0x
theb0x,
User Rank: Ninja
12/26/2015 | 10:25:31 AM
Re: Confidentiality Agreement Documentation
It's not just a signed Confidentiality Agreement by all employees that is needed. This also falls under an Acceptible Use Policy. Keep in mind that the employee is most likely performing their job functions on company provided computer equipment and network. Therefore any electronic storage or transmission of any data is the sole property of that company. The systems and networks are solely to be used for business purposes only in serving the best interest of the Company in the course of normal operations.

As far as proprietary information, this would require a well defined Data Protection Policy and you may access/use/share proprietary company information only to the extent it is authorized and necessary to fulfill the employees assigned job duties.
Joe Stanganelli
Joe Stanganelli,
User Rank: Ninja
12/27/2015 | 2:11:31 PM
Re: Confidentiality Agreement Documentation
Acceptable Use Policies and the like will inform, but in general simply storing something on a company server will not make it the company's property. (Otherwise, AOL Instant Messenger would have become open source 12 years ago!) *Creating* it with company equipment while at work, however, can be a different story.
theb0x
theb0x,
User Rank: Ninja
12/28/2015 | 10:32:23 AM
Re: Confidentiality Agreement Documentation
True, an Acceptable Use Policy will not stop an employee's actions whether they be intentional or unintentional. However, this can and will be grounds for immediate termination of employment if enforced appropriately.

I am referencing to electronic data created/stored that pertains to one's job function in best interest of the Company. And if it wasn't something an employee created that does not give them the right exfiltrate data on the Company's equipment or network after being discharged and then escorted off the premises. If an employee is being terminated all accounts are to be frozen and their electronic equipment should be physically seized immediately. Clearly you do not have application white listing in place if you and or your employees are installing AOL Instant Messenger. Although it is not supported anymore the TOC and TOC2 protocol was open source by AOL.
Dr.T
Dr.T,
User Rank: Ninja
12/28/2015 | 2:37:56 PM
Re: Confidentiality Agreement Documentation
I agree but I do not know if data created by an employee would be owned by that employee. If that was the case the company would not have owned any data, it would be all employees' data, which is not the case as we know it.
RyanSepe
RyanSepe,
User Rank: Ninja
12/29/2015 | 9:55:55 AM
Re: Confidentiality Agreement Documentation
@Joe. Silicon Valley S2....just kidding. This makes sense. The argument could be made that utilizing company resources during creation were pivotal to the point that the product could not have been created otherwise.
Dr.T
Dr.T,
User Rank: Ninja
12/28/2015 | 2:32:15 PM
Re: Confidentiality Agreement Documentation
Agree, acceptable use policy is already covering basic information that company's customers' data could not be shared with third parties.
Dr.T
Dr.T,
User Rank: Ninja
12/28/2015 | 2:24:25 PM
Re: Confidentiality Agreement Documentation
That is something certainly interesting to know. The norm is that you do not take company's customer list and share with somebody else. 
RyanSepe
RyanSepe,
User Rank: Ninja
12/23/2015 | 2:36:06 PM
DropBox and Google Drive are free and easy to obtain.
Two points. First, file sharing services can be blocked via security tools such as web security or implementing a CASB.

Second, I feel like it could be argued that not everything created at a company is that company's property. If that is built into the company's policies then fine, but I think we need to revisit these policies. As it pertains to IP, documentation created specifically for the company or tools created to handle explicitly proprietary data, etc, then I believe it is wrong to take with you.

But for example what about a powershell script written to grep data you need from a Microsoft tool? Or perform certain actions that may be business agnostic. I feel like there are some shady areas here as it does not pertain specifically to company data.
Dr.T
Dr.T,
User Rank: Ninja
12/28/2015 | 2:30:24 PM
Re: DropBox and Google Drive are free and easy to obtain.
It can be blocked but you need tools and services for that. Some companies do not want to restrict employees' options to use personal email at work, that that creates a risk of losing data without knowing it of course.
RyanSepe
RyanSepe,
User Rank: Ninja
12/29/2015 | 9:53:23 AM
Re: DropBox and Google Drive are free and easy to obtain.
@Dr.T, (personal email at work). That's fine but it should still be monitored for sensitive data. DLP can monitor not only SMTP but webmail as well.
Joe Stanganelli
Joe Stanganelli,
User Rank: Ninja
12/27/2015 | 2:08:01 PM
For decades
Of course, this has been the standard practice by exiting employees for decades, well before the Worldwide Web.  The technology is simply different.  These are good suggestions, but good employee relations and reasonable employee monitoring remain best practice.
Dr.T
Dr.T,
User Rank: Ninja
12/28/2015 | 2:35:12 PM
Re: For decades
Agree. We would need to trust and respect the employees and expect that is mutual. If employees want to share data with third parties, there is no policy or system that can prevent from that. One can easily memorize the information needed before leaving the company.
Dr.T
Dr.T,
User Rank: Ninja
12/28/2015 | 2:22:12 PM
Data or insights?
I would doubt that anybody individually would own the data in an organization, it will be like customers' data being taken and released to other companies no customers would like that. If it is insights gained from data then I would think the person who created the insights would own it and he/she can take it, if it is not directly related with the customers I would say.


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