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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 97981
Experience:  Lawyer
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This is from Canada and is about an internet provider

Customer Question

This is from Canada and is about an internet provider company, one of the large 3.
This is about my personal home account.
In March 2014 I was terminated from my job.
In May 2014 I switched my internet provider email address to my personal email.
In July 2014 an investigation found I had done no wrongdoing at work.
In August 2014 my ex-employer said he received an email about copyright infringement in August, therefore justifying termination.
In September 2014, my personal internet provider wrote a letter that this was false, no notice/email existed on the date claimed.
In January 2015, the internet provider further wrote a letter that the letter could not exist, as its legal and network security team had searched and found this notice did not exist.
In September 2015 they wrote me an email that there was no evidence that this alleged email existed.
In October 2015, they admitted to a government inquiry that yes indeed, they had emailed my private information to my ex-employer. They emailed him my IP, my name, etc.
In other words, it sounds like the company was lying to me to cover up sending my personal information to someone unauthorized.
For the record, the notice/email produced showed that there may have been access to my internet. There was no confirmed copyright infringement. But then an unauthorized user somehow retrieved this email about unauthorized access?
The government says my ex-boss did nothing wrong. They have not absolved the internet provider though. By their months, and over a year of denials I am guessing they were trying to cover this up. My brother, who worked with a big company, said this was likely illegal to send my private information to an ex-employer whose contact information had been clearly removed, in writing.
Is there cause for damages here, and did my boss do anything wrong by using this information?
Thank you.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Your boss may have done something wrong. If your boss lied and said that he was you for example, then that is unlawful.

But if your boss simply asked for this information and it was given then the internet provider is the one you have to go after for damages.

They caused you harm by releasing confidential information which was in breach of your user agreement with them and this caused repercussions that harmed you.

So you can retain a lawyer to send them a letter demanding compensation by a deadline that you set and threatening a lawsuit.

Customer: replied 1 year ago.
This is the second time that the suggestion was that my boss may have pretended to be me. I have an email from March 2014 that he sent to a customer, CCed in my old work email address, and said he was helping me, after he had terminated me.How could I ever prove that my boss lied and said he was me though?The internet provider kept suggesting to me that the notice must be fraudulent. But it turns out it was real and they sent it to an unauthorized contact.The internet provider won't even answer my calls or emails now, I feel like they sense I have them bent over. But I have little to no experience with lawyers. Is this worth it?
Expert:  Debra replied 1 year ago.

I do think it's worth getting the assistance of a lawyer because the Internet provider will not ignore a letter from a lawyer.

The Internet provider can defend itself by telling you that the employer lied to them and then you will know what you can do next.

Customer: replied 1 year ago.
As you suggested, the possibilities include that the boss may have lied, or the provider provided the information if the boss asked.What if they simply sent it by accident? For example, they removed x email address in May, but in August sent it to the x email address. If they claim simply system error, is that enough?
Customer: replied 1 year ago.
I called an attorney and she said the damages would be nominal to go after an internet provider giant. Damages vs costs to pursue it... I guess there is nothing to do but accept everyone is passing my private information around and there is nothing I can do...
Expert:  Debra replied 1 year ago.

But if you lost your job because of this then the damages were not nominal and I though that is what happened?

Customer: replied 1 year ago.
I lost my job for a few reasons. All were dismissed by a review. Later the ex boss said that 5 months later I was using his email for copyright infringement (I was not and his email was not even on my account). The email he received was about my personal home account and his email was not listed as a contact. So he called it post termination cause.
Expert:  Debra replied 1 year ago.

That is nonsense but if you are saying you were not dismissed because of this infringement of privacy then you didn't suffer damages.

You can report the internet provider to your provinces privacy commissioner.

Customer: replied 1 year ago.
Ok. I thought I had mentioned this above that this was post termination. The privacy commissioner is involved but there are no damages via that route.
Expert:  Debra replied 1 year ago.

I did understand the facts but I thought that he was using them after the fact to bolster his case of wrongful dismissal but I don't see that is what happened now.

So if there are no damages there are not a court can order.

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