You need to contest the same if any FIR is filed against you. Take anticipatory bail for the same.
Sir, If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
Confidential information
I am working in a trading co as a manager involved in supply of medical equipments and consumables etc and using personal email for the business. The company I am working didn't participate in a particular tender for which i received a quotation from a supplier for supply of equipments and consumables. Since we didn't participate in the tender I forward this quotation to another co so that they can quote for this business from my personal email. Now company put a criminal charge on me that i have passed the confidential information to another party and damaged the business,
Asked 4 years ago in Criminal Law
Religion: Muslim
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5 Answers
Company can proceed with criminal case against you as you have transmitted confidential information
Section 72 of the IT Act provides for penalty for breach of confidentiality and privacy. The Section provides that any person who, in pursuance of any of the powers conferred under the IT Act Rules or Regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned, discloses such material to any other person, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Rs 1,00,000
Whether your company participated in that particular tender or not, you should not have shared the quotation with anyone outside. Unfortunately, you are liable in law, for violation of confidentiality.
You were not supposed to take a decision on your own on behalf of your company.
Whether the company would participate in the tender or not or whether to pass on the business to some other firm is their own decision, your such act is nothing but an act of breach of trust, cheating and other related offences.
If there is any case filed against you for such offences then you may have to defend your interests on merits alone.
. You are required to go through the law of Qatar in this regard and also the agreement you had entered in to with your employer in connection with the act of using your personal email address while communicating for and on behalf of your employer Company.
2. Was there any agreement signed by you where in you have agreed not to pass any information to any other company in connection with the business matters of your employing Company?
3. Was the said quotation termed as confidential information as per the service conduct rule of your Company?
4. Your act might constitute misconduct as per Service Conduct Rule of your employer company but it can not be called a crime to attract Criminal Case against you.
5. Engage a local lawyer to defend your case fittingly.
