Why are both employers and employees liable for data breach from home?


Work from home, business meetings on zoom, sharing information via cloud based system-the shifting of scenarios invoked due to the outburst of the novel coronavirus.  It has forced many companies to re-think on their data protection policies as keeping a tight check on the same is practically not possible. There are chatters that organizations are planning to accept the work from home (WFH) pattern as a new normal. The overnight change in the work environment has surged the risk of the data breach. Whenever the subject of data breach pops-up, the ethical grounds of the employees comes under the radar. The employers are often spotted on the safe ground as they are found claiming that they are the suffering party.

The data breach is a sensitive subject. The issue has many a time been brought under the legal spotlight. The trials’ verdicts sometimes found employees guilty; sometimes, it was the employer’s negligence and sometimes, both were found equally chargeable. Now, due to work from home scenario, the data is completely exposed in the cloud then who would be held responsible in case the data gets breached. Before understanding the responsibility, let’s understand how vulnerable the data when uploaded on the cloud is.

How Cloud storage increased the vulnerability of the data:

A few years back, when there was no sign of the virus, offices were the religious destinations for work and business meetings use to take place in closed rooms, then cloud-based system was used by handful organizations. The companies dealing with critical data had their separate server infrastructure. The same required high maintenance cost. The radical revolution in the technology industry has brought a cloud-based environment. The system was easy, economical, and kept the data protected for the longest time. However, the major drawback comprised the possibility of a data breach.

The big data environment had numerous reasons to develop vulnerability like, remote or indirect management, insecure APIs (Application program interface) lack of operating transparency, external threat (anyone can have an account), and insider threat (the access is divided among ranks).

Who is responsible for the breach: Employer or Employee?

Work from home has forced the organizations to reveal the data to complete the work on time. The possibility of breaching of data has escalated by ten folds. In case, the unethical act of data breach takes place; then the below mentioned drill will help you access.

Nature of Infringement: Accumulate the people affected by the act, the damage, and timing during when the infringement took place.

Intention: what is nature? Was the same intentional or is a case of mere negligence?

After finding the answer to the above mentioned questions, you would find the actual wrong doer. According to the recent trials taking place all over the world, the intrusion can be made by the employer and the employee. The government is planning to come up with a perfect solution to deal with trouble.

 While working from home, it becomes the ethical responsibility of the employees to take care of their data. The employer is also suggested to take proper steps to diminish the chances of the data breach. Collaborated efforts will help in keeping the data protected.

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