Consultants databases

[Andy008]

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?

[gammaray]

Essentially the database belongs to the first agency. The employee has no legal right to assume ownership. Taking the database would actually constitute theft.

[Hgrove]

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.