i dont remember the full story in detail, but does the sample got uploaded without the employee consent?
- if he agreed to the upload then it is an idiot, but i highly doubt it is the case.
- automatic upload of the raw file without consent? then it is a privacy breach and Kaspersky deserve all the drama and loss.
I find it hard to believe you actually don't understand how cloud systems in every single antivirus actually work. Because that's literally how they work. Submit binaries for classification and analysis. It's not some new secret, it's how they worked pretty much since the beginning of their time.
Also what even is "raw" file by your definition? Files that antiviruses upload automatically are binaries, meaning EXE and DLL files. None of which carry personal data unlike PDF's, DOC's etc. Kaspersky does ask about KSN participation, but I believe that's for EU region because of GDPR. I see no reason for users to be asked about it otherwise. Not using cloud systems in this time means you may just as well not bother using antivirus at all.