Question
Is data / information considered property, in terms of a database of client info / names - numbers etc.? If we obtain it from another business, like their debtors list or client profile list, it will allow us to market ourselves. If an employee copies the data, it may be considered a type of theft, but is it really theft, like copyright is considered theft. I am not sure if this is an appropriate analogy in this context. But my query is, if a person offers me such data, whether I pay him for the memory stick it comes on or if its sent electronically to me, is that considered theft or is it wrong? Will it be wrong if we initiate or activate specialist service to peek into his system and copy / mirror that database and then take and use that information? Is a computer hard drive and virtual access gained remotely, considered trespassing? Is it theft to go virtually in and come out with a copy of the information? Copying does not diminish it in any way. There may be some virtual locks to bypass. Is that considered breaking and entering. But, it causes no damage and when one leaves, one is not actually taking anything physical or tangible? But technically one did violate his space by entering without permission. Is it wrong?
Answer
Although data/information is not property in terms of the Shariah, if it is a secret or confidential information, then it will not be permissible to acquire it by deception, theft, bribery, etc. The worker in charge of such data has to be a person of Amaanat (Trust). It is haraam for him to divulge the business information of his employer. In fact, it will remain haraam for him to do so even if he is dismissed from his work.
If such data accidentally comes your way without you having colluded to obtain it, you may utilize it. However, Taqwa still demands abstention.
It will be wrong and not permissible to peek into the system of another person. It is akin to reading his private letters. Unauthorized access to another person's hard drive is like reading his letters without permission, and this is haraam.
Regardless of it not diminishing, the issue here is the man's privacy and secret. It is like his private/ personal letters. Regardless of not causing any physical damage. You damage yourself morally by committing the haraam act of invading the private domain of another person.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 23 No 03
- PDF page
- 5
Appears under Questions and Answers (approximate).