Employment Law

Indigo Employee Rights Following Data Breach: Yahoo! News Interview

Current and former Indigo employees were recently the victim of a cyber attack that lead to a serious data breach of private information. Indigo refused to pay the ransom requested by the hacker and Indigo employees were seemingly left in a very difficult position. This cyber attack has led to questions regarding privacy rights and if employees have any rights to compensation.

Lluc Cerda, a Calgary employment lawyer and Senior Associate at Samfiru Tumarkin LLP spoke to Elianna Lev at Yahoo News on the issue and whether or not there are any options available to employees.

“There are some obligations in certain provinces to protect private information, but this is a nefarious hack,” Cerda explains. “Unless we can show Indigo was somehow involved or complicit in the release of the confidential information, I don’t think a lot can be done going after them for the compromise of the information.”

Cerda goes on to state that there are then concerns about an employer’s desire to protect information if there is no liability.

“That kind of challenge is something that the legislature could think a little bit more about because I wouldn’t say this is without consequence for Indigo but what incentive do they have to protect the sensitive information, or pay the ransom,” says Cerda.

Due to the frequency of cyber attacks, Cerda emphasizes the importance of employees taking steps to protect themselves. “For people starting at a new position, it might be worthwhile to ask their company what kind of protections they have from cyberattacks.”

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