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Consultants databases

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Andy008 | 11:16 Sat 11th Feb 2006 | Jobs & Education
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If a recruitment consultant is fired/resigns from one agency, and transfers immediately to a rival, is there any legal reason why they couldn't copy all their CV's onto disk and use them at their new employer, or would the Data Protection Act prevent this?
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Essentially the database belongs to the first agency. The employee has no legal right to assume ownership. Taking the database would actually constitute theft.
it is not the Data Protection Act, but it is not clearcut. There may be a covenant in restraint of trade in the consultant's contract that says that on leaving, they may not transfer to a rival nearby. Who owns the database is a moot point. The employer will of course say they own it but what if the consultant has personally collated it and used it as his work tools? If you are a labourer, you can take away your own hammer and nails. I think, in fact I am sure, that everybody does it.

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