Cyber crime,Corporate law,Theft,Income Tax
CORPORATE ESPIONAGE TRENDS IN INDIA
13 May 2016  |  Views: 115  | 
Harshit Bhurani
Advocate

CORPORATE ESPIONAGE TRENDS IN INDIA

Corporate espionage is nothing but a business scandal which is on rise in India. Corporate espionage basically refers to stealing trade secrets and confidential information by companies to gain exorbitant profit.  Cabinet notes, ministries opinions, action planned by RBI, SEBI and even international regulators, banks, income-tax authorities, stock exchanges and even public sector units make their way to the hands of companies through their  lobbyists. They use the information thus gathered for a variety of reasons and like making a quick buck at the stock markets or use it to further their business.

LAWS RELATING TO IT

 Law regarding corporate espionage is dealt under Official Trade Secrets Act, 1923. According to this act, if any person by wrongfully wearing any uniform of public servant or police office enters into prohibited place where confidential documents are kept uses, forges or steal such documents for any purpose which prejudicially affects security of State will be liable under this act for imprisonment of three years & fine. Companies who engage in spying on competitors is also punishable under Section 3 of Official Secrets Act.

CASES SO FAR

There have been various cases where big companies have been caught in corporate espionage. In 2008, the famous Radia tape case telephonic conversations of  Niira Radia between and top corporates (Ratan Tata and Mukesh Ambani), top politicians (A Raja, Dravida Munnetra Kazhagam supremo Karunanidhi’s daughter Kanimozhi, who was herself an MP), top journalists (Barkha Dutt, Vir Sanghvi, among many others), Atal Bihari Vajpayee’s son-in-law Ranjan Bhattacharya and a host of other movers and shakers., were taped by Income tax department and were leaked which revealed Radia tried to broker deals on behalf of the Tatas in relation to the 2G spectrum sale. the tapes revealed how corporate lobbyists were taking out information from the Indian government based on their contacts with the media and top officials. This led to loss of US $4.9 billion for the Union government.

In another case of Tata telecommunication (2007) - Tata Telecommunications filed a case against its Managing Director’s secretary who was found sharing the board meeting agendas with Tata Telecommunications’ competitor. The entire Call Detail Records (CDRs) are found to be erased from the servers and the equipment used was believed to have been dumped in the Hussainsagar. The gateway equipment (roughly the size of a closet – six feet high and two feet in width) used from within the highly secure premises of Tata Teleservices, was said to have been dumped in the lake by the three suspect employees. Mumbai police was unable to crack the case.

In a recent case of oil document leakage, official from Reliance Industries and Jubilant Energy are arrested for hiring employees of Ministry of Petroleum & Gas and paying them money for stealing confidential documents. It is alleged that handsome money of 2.5 lakh were paid by companies.

CONCLUSION

It is to be noted that corporate espionage is on rise in India because of lack of innovations and corruption.  Indian companies try to concentrate more on stealing information than innovating new ideas. With the growing level of competition in market and ease of technology, it has become a normal phenomenon and is expected to rise in coming future. As we noted in Telecommunication case the way employees break away all the security system and did their job with ease.  It raises a call for more stringent measures which is needed to be taken by company to keep a security check on employees and also by government to keep a check on multi- national companies.  A strict vigil should be kept on all visitors. All the official documents should be kept in safe custody and in any case there is any suspicion a meeting should be called and investigation should begin in the case. As stated Competition Act,2002 ,there are penalties upto  1 crore. In the same way higher penalties should be imposed for stealing such confidential information.  Not only government but also company needs to keep a check on employees for that they should monitor activities of employee on regular basis and keep a background check on them, establish cyber security measures in organization, segreggate information that is confidential etc.

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