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. With a little bit of George Orwell ….

5. Data breach …. Prevention is better than cure

6. Prevention …. Prevention is better than cure 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

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

8. Cure …. Prevention is better than 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

9. Cure …. Prevention is better than 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.

10. Unjustified Dismissal EmployeeEmployer Dismissal Justified Reason Procedure Damages Contribution Summary of Process