The California Attorney General's Office said on Thursday in the US that Hewlett-Packard will pay US$14.5 million to settle civil charges related to the company's now infamous spy scandal.
As part of the settlement HP will "finance a new law enforcement fund to fight violations of privacy and intellectual property rights" and adopt corporate governance reforms, the Attorney General's office said in a statement.
"The Hewlett-Packard incident has helped shine a national spotlight on a major privacy protection problem," Attorney General Bill Lockyer said in a statement. "With its governance reforms, this settlement should help guide companies across the country as they seek to protect confidential business information without violating corporate ethics or privacy rights."
Lockyer said that the new fund will help ensure that when businesses cross the legal line they will be held accountable. He also applauded the company.
"Fortunately, Hewlett-Packard is not Enron," he said. "I commend the firm for cooperating instead of stonewalling, for taking instead of shirking responsibility, and for working with my office to expeditiously craft a creative resolution."
The case is separate from the felony criminal charges that have been brought against five individuals.
HP has said that as part of its effort to unmask the individual who made unauthorised media disclosures, its investigators used false pretenses, or pretexting, to obtain the phone records of more than a dozen people. These targets included journalists, board members and employees.
In the wake of the scandal, Congress held hearings and the FBI and US Attorney's Office launched investigations. HP also faces a formal inquiry from the Securities and Exchange Commission, as well as shareholder lawsuits.
No civil charges
CNET News.com reported last week that the Attorney General's office was considering bringing a civil action against HP. But the PC maker said that as part of the deal, the state will not pursue civil charges against the company, or against its current or former officers or directors.
"We are pleased to settle this matter with the Attorney General and are committed to ensuring that HP regains its standing as a global leader in corporate ethics and responsibility," said Mark Hurd, HP chairman and chief executive officer.
Lockyer's office said that the Santa Clara Superior Court has approved the settlement, which was filed today along with the civil complaint. That complaint alleges that HP violdated several sections of California's penal code, including one that prohibits "willfully and knowingly" accessing computerised telephone account information without permission. It also cites an identity theft statute that prohibits obtaining someone's personally identifying information and then using that information for an unlawful purpose. HP did not admit liability as part of its settlement.
Among the other stipulations, HP agreed that for five years it will:
- Maintain a chief ethics and compliance officer. HP named Jon Hoak to that position in October.
- Expand the role of the company's chief privacy officer to review HP's investigation practices.
- Expand the company's employee and vendor codes to ensure that they address ethical standard regarding investigations.
- Retain an expert in the field of investigations to assist the company's chief ethics officer with regard to investigations.
Of the settlement money, US$13.5 million will go into the new fund, while US$650,000 will go to statutory damages, and US$350,000 will reimburse the Attorney General's office for the costs of its investigation.
HP said that it has designated new board member G. Kennedy Thompson, the CEO of Wachovia, as the independent director with responsibility for reviewing and reporting on HP's compliance with legal and ethical requirements related to investigations.
"HP has traditionally been a leader in the area of business ethics and I look forward to working with the management team to help ensure that the company operates with the highest standards of integrity," Thompson said in a statement.
