Waste firm seeks to protect data

A major waste company has claimed before the High Court that five senior managers who left the company on the same day earlier…

A major waste company has claimed before the High Court that five senior managers who left the company on the same day earlier this month are conspiring with One51 plc, which last year sought to buy the waste company, to effect a hostile takeover.

Mr Binman Ltd, the largest domestic waste company in the midwest region, employing 350 people, claims much highly-sensitive commercial information about its business was downloaded to portable hard drives by its former head of information technology, Tom Fogarty prior to his departure, and removed from its premises.

The information is alleged to include personal data protected by the Data Protection Acts, including personal banking details of 50,000 domestic customers.

Ms Justice Mary Laffoy yesterday granted Marguerite Bolger, for Mr Binman, leave to apply on Monday next for several injunctions against Mr Fogarty, of Annaholty, Birdhill, Co Limerick; CiaráCronin, head of finance, Curaheen South, Askeaton, Co Limerick; Tony O'Brien, head of commercial sales, Carrowmore, Scariff, Co Clare; John O'Brien, sales representative, Ardskeagh, Broadford, Co Clare; Tom Givens, senior sales, Lisnagry, Mountshannon, Co Limerick and One51, of Thomas Street, Dublin.

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One51, headed by Philip Lynch, has business interests in areas including waste management and food. The company holds stakes in NTR and Irish Continental Group.

Ms Bolger said One51 had in March 2006 sought to buy all or a substantial part of Mr Binman's business, but was told its owners were not interested in selling. After that, the five other defendants had left the company in circumstances of which her client had no intimation and without giving the statutory notice.

Ms Bolger said one of the defendants, Mr Fogarty, had earlier this month downloaded substantial amounts of confidential information over two and a half days. When asked about this, Mr Fogarty initially denied downloading material but later admitted it, counsel said.

Ms Justice Laffoy said counsel could apply on Monday for various injunctions, including orders restraining the use of confidential information on Mr Binman's business to damage it, or cause it any loss.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times