What You Need to Know about Employee Privacy Rights

Written By:  Rodney Jackson

Posted: June 2,  2024 | 2 minute read

In Ontario, common law, which evolves through judicial decisions, holds significant sway over employment practices and principles. Recently, there has been heightened attention on the privacy rights of individuals in the workplace, spurred by rapid technological advancements. Let's delve into several noteworthy common law developments regarding privacy rights within Ontario's employment landscape.

Employee Privacy Rights

The balance between employer monitoring and employee privacy has been a contentious issue over the past several years. Recent rulings have shed light on the extent of employee privacy rights in the workplace.

• Case Example: R. v. Cole 

The Supreme Court of Canada ruled that employees have a reasonable but diminished expectation of privacy regarding personal information stored on workplace computers dependent of the policies of the workplace. This decision underscores the need for clear policies on the use of employer-provided technology.

The Court is stressing that the boundary between an employee’s professional and personal lives is permeable. It is now clear that employees have a limited and diminished expectation of privacy when they use a computer that is supplied by their employer.

Employer Implications: Employers should implement and communicate clear policies regarding the use of workplace technology. 

Employee Implications: Employees should be aware of their privacy rights and the limitations thereof in the workplace, especially with respect to using workplace technology.

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Disclaimer: The content of this article/blog are provided as a general introduction and overview of a legal topic only. This article/blog does not provide legal or other professional advice, nor does it express any opinion. It is recommended to consult a legal professional before making decisions based on your specific circumstances.

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