How can employers protect confidential info while offering transparency? Lawyers outline legalities, best practices

Recently, Meta issued a stern warning to employees about leaking company information.

News outlets obtained copies of a memo issued by the chief information security officer (CISO), Guy Rosen, telling staff that the company would take appropriate action, "including termination," if it identified leakers.

"We recently terminated relationships with employees who leaked confidential company information inappropriately and exfiltrated sensitive documents," Rosen said, according to Fortune.

The memo came shortly after Meta CEO Mark Zuckerberg lamented in an all-hands meeting about leaks.

"We try to be really open and then everything I say leaks. It sucks," he said in the meeting, which also leaked and was reported by various news outlets.

With many employers keen to provide employees with some transparency about their plans, strategy, outlook, and successes and failures, how can they avoid the huge risk of employees leaking confidential information?

Balance with transparency

It’s about balance, according to John Hyde, founding partner of Hyde HR Law in Toronto.

“You have to assume that [it could be shared], and you have to assume that there's always a distinct possibility somebody could disclose that information illegally or to a competitor.”

The bottom line? An employer should consider disclosing information to employees on a need-to-know basis, he says.

“If you...

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