This decision serves as a reminder to employers that the search for computers and devices in the workplace must adequately consider the privacy interests of employees on these devices. An interesting trend (although not directly related to employee privacy) is the use of artificial intelligence to screen employees and measure their skills for specific jobs. Last October, Amazon.com announced plans to remove an AI tool that had shown bias in favor of male candidates for its software development jobs. This would include punitive resumes, including the word “women” and the demotion of graduates of two women`s colleges in the United States. Various court proceedings have also resulted in common law decisions that can serve as a basis for assessing data protection disputes in the workplace. Employers may also have developed their own internal policies that define the right to collect, use and disclose personal information. However, the legal applicability of such policies depends on many factors, such as. B.dem extensive: keystroke and internet surveillance, video surveillance, and investigations of social media posts. These are just a few of the ways employers can legally monitor employees and candidates, all of which are used. Certain categories of information are unlikely to fall within the scope of what an employer is required to disclose to an employee. There are four categories of exceptions to an employee`s legal right to access their personal data.

Bill 14 reflected PIPEDA in many ways, but contained specific provisions that would govern the processing of employees` personal data by provincially regulated employers in Ontario. Bill 14 also gave Ontario`s Information and Privacy Commissioner specific enforcement powers to initiate private sector investigations and compliance audits, investigate and make orders with respect to privacy complaints. Ontario does not have a law that regulates and protects an employee`s personal rights. Nevertheless, some Ontario employers may be subject to a federal law known as the Personal Information Protection and Electronic Documents Act, or PIPEDA. PIPEDA applies to all nationally regulated workplaces. When reviewing privacy obligations, an employer`s first step should be to determine whether it is a provincially or federally regulated workplace and what laws apply. Provincial employers may also have obligations under a collective agreement or general legislation. Excessive costs and charges. In cases where the personal data requested by the employee is expensive or time-consuming to retrieve, the employer may be entitled to refuse the request for access. The assessment of whether an employer may deny access on this basis is based on the measurement of the relative importance of the information to the employee in relation to the costs and burdens associated with recovery.

For example, it is necessary to retrieve the information necessary to attribute significant benefits to the employee, even if it is relatively expensive or cumbersome. Please note that this assessment usually does not go both ways – information that is not obviously important to the employee, but is relatively easy to retrieve, should still be disclosed. In addition to advising on privacy breaches, employers should also consider a privacy policy that helps collect personal information and set expectations in the workplace. Although not required by law, provincially regulated employers can use PIPEDA as a guide to developing a privacy policy for the workplace. In general, it is recommended to include the following: Here are some important tips for employers when it comes to meeting employees` expectations for privacy protection on computers and devices in the workplace: The Personal Information Protection and Electronic Documents Act (PIPEDA) is a federal law passed in 2000 to protect the confidentiality of personal data. It regulates how private sector organizations collect, use and disclose personal data in the course of their business activities, but only applies to the personal data of employees of state-regulated organizations such as airports and airlines, banks, and telecommunications. “So the challenge is to keep an eye on what they`re collecting and how that triggers the application of these [privacy] principles. Privacy issues can also arise even before an employee is hired. ==References=====External links===In the 2017 survey, 70% of employers used social media to select candidates before hiring, up from 60% in 2016; and three out of 10 employers have an employee dedicated to finding candidates` online personalities. Some provinces in Canada have their own legal laws to regulate and protect employees` privacy rights. However, Ontario does not currently have specific legislation, although the Occupational Health and Safety Act provides some protection.

In the absence of state legislation, federal legislation exists and applies to all state- and provincially regulated employers in all of these provinces to varying degrees. Federal legislation is called the Personal Information Protection and Electronic Documents Act and governs how personal information may be collected, used and disclosed. The common law also governs Ontario`s data protection law. While employer policies and measures may reduce privacy expectations, they will not eliminate them. Therefore, employers must consider privacy when planning and implementing disciplinary decisions. Even if an employer has legitimate concerns, it must consider the employee`s privacy rights and investigate the concerns in the least intrusive way possible. • The employer should indicate what personal information it collects from employees, why it collects it and what it does with it. • The collection, use or disclosure of personal data should normally only be carried out with the knowledge and consent of an employee. • The employer must only collect the personal data necessary for its stated purpose and collect it in a fair and lawful manner. • The employer should normally use or disclose personal data only for the purposes for which it is collected and retain it only for as long as it is necessary for those purposes, unless it has the employee`s consent to do otherwise or is required by law to use or disclose it for other purposes.

• Employees` personal data must be accurate, complete and up-to-date. .