You're right - I guess in that case it would be wise to ask your previous employer to provide proof that you're no longer able to access anything, and no longer liable. Many wouldn't offer that, but I'm not sure how else you could navigate that.

I think the common sense approach would dictate that a persons motive would need to have been shown to be nefarious for criminal proceedings to have any chance. Ie. Intent. Without intent, I struggle to see any court move with this, but I'm no lawyer - just an engineer!