Bombay High Court Dismisses Data Theft Case Against Former Managing Director of Go First

The Bombay High Court has recently dismissed a First Information Report (FIR) filed against Wolfgang Prock-Schauer, the former Managing Director of Go First Airlines (previously known as GoAir), in connection with a data theft case.

11/1/20241 min read

As Managing Director until his resignation in August 2017, he was accused of transferring confidential information from his official email to his personal and third-party accounts. Alleged offenses included criminal breach of trust under IPC Section 408 and violations under IT Act Sections 43(b) and 66. Go First alleged he shared sensitive data and wiped his iPad, causing financial losses.

In his defense, Prock-Schauer argued that the documents he emailed to himself were related to Airbus negotiations and necessary for preparing official presentations during business trips. He further explained that information shared with his attorney in Austria was solely for legal advice regarding his exit from the company.

The Court observed that Go Airlines had already filed a commercial suit in February 2018, seeking to prevent Prock-Schauer from disclosing any confidential information.

The Court recognized this commercial suit as a protective measure for the airline’s interests, noting that, per the order dated February 13, 2018, the Petitioner committed to refrain from using, copying, publishing, or disclosing any confidential information, trade secrets, or proprietary know-how of Go Airlines.

This assurance, the Court observed, effectively safeguarded the airline's interests, making further criminal proceedings unnecessary.

During hearings, the Court questioned the Investigating Officer on evidence supporting the data theft allegations. It became clear that no concrete evidence had been found to substantiate claims that Prock-Schauer unlawfully downloaded information with fraudulent intent.