The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50812
Ways to fend off a WikiLeaks situation LEGAL REPORT/LABOUR AND EMPLOYMENT BY ROBERT TODD in whistleblower web site WikiLeaks. While sites like Facebook have the I f employers didn't have enough to worry about with workers behaving badly on social media, they'll be glad to know a new threat has appeared power to swiftly cause reputational dam- age, WikiLeaks appears to be able to take down large institutions by revelaing their secret information. Look no further than the massive 2010 data dumps on the war in Afghanistan and U.S. diplomatic cables. The latter disclosure was both embarrass- ing for the U.S. government and threat- ened its intelligence operations. Time will only tell how much harm it caused. WikiLeaks' rise hinged largely on these internal government disclosures. But its embattled editor-in-chief, Julian Assange, told Forbes in early December that his sights were set on big business in 2011. In January, rumours swirled of leaks of rich people's personal Swiss bank account info being next. Another of the "megaleaks" — as Assange calls them — targets would be the Bank of America, whose stock plum- meted three per cent on that speculation. It's impossible to know the source of A balanced approach recognizes that learning is a two-way street. The most productive relationships are born of mutual understanding. That's why we're as committed to learning about a client's business as we are to helping clients understand the intricacies of labour law. WikiLeaks' information, although it's likely disgruntled or conscience-stricken employees. U.S. Army intelligence analyst PFC Bradley Manning has been charged with the unauthorized use and disclosure of U.S. classified information in relation to WikiLeaks disclosures. As the site's popularity increases, it's likely more dis- gruntled workers will see it as a forum to post sensitive corporate documents. The threat has employers considering what they can do to head it off at the pass. But the law hasn't really kept up with the explosion of electronic data and com- munication, so it can be difficult to fire back at mutinous employees who misuse it, says Lia Chiarotto of Heenan Blaikie LLP. That's why employers must make workers aware of their duty to protect con- fidential company information. Chiarotto says employees should be asked to sign a confidentiality agreement when hired. Likewise, a workplace technology policy should be created and signed. "It's a mat- ter of setting out what the expectations are at the outset," she says. "Employees should only have access to the company informa- tion that they need to perform their job, and that should be made clear." McMillan LLP's George Waggott Toronto 416.408.3221 I London 519.433.7270 I filion.on.ca points out that one of the best ways to keep a secret is by not telling a lot of peo- ple what your secret is. "If you have a leak, it's going to have occurred before the legal machinery is out of the garage." 40 FEBRUA R Y 2011 www. CANADIAN Lawyermag.com lion_CL_Feb_09.indd 1 1/20/09 3:48:02 PM