Employee Privacy Rights Ontario
Privacy in the workplace is a complex area of employment law involving the collection, use, and disclosure of private employee information. In designing and implementing workplace policies and procedures, conflicting interests between the employer and employee must be balanced. On one hand, employees aim to ensure that their private information is protected and that their privacy rights are respected. On the other hand, employers often need to collect and use an employee’s personal information for employment-related purposes, and may have policies dealing with employee’s conduct in and outside of the workplace.
The following are some high-level guidelines employers should follow in dealing with employee’s personal information:
- The employer should inform the employee as to what personal information will be collected from them, including the purpose and usage of its collection.
- The employer should obtain the consent of the employee when collecting, using and disclosing their personal information (subject to some limited exceptions to consent).
- The employer should only collect an employee’s personal information by fair and lawful means.
- The employer, in disclosing an employee’s personal information, should only do so for the purposes it was collected for, unless the employee consented that it be disclose for another purpose or when the law requires for its disclosure.
- Employees’ personal information should be complete and accurate and they should be allowed to access and challenge its accuracy and completeness.
To learn more about Employee Privacy Rights in Ontario consult one of our employment and privacy lawyers at Roberts & Obradovic Law.
Common Privacy Legislations on Employee’s Privacy Rights
Privacy laws in Canada vary depending on the sector and may be in place at both the federal and provincial level, and may also take into account common law principles. Organizations that collect, use, or disclose personal information as part of their commercial activities are generally subject to Personal Information Protection and Electronic Documents Act (PIPEDA), with the exception of organizations in Alberta, BC and Quebec which have their own private sector privacy laws. PIPEDA also applies to employees’ personal information in federally regulated organizations (including banking, telecommunications and airlines).
Employee privacy at work is not absolute, as some basic personal information is required as part of employment. However, workers do have a reasonable expectation of privacy in the workplace. The privacy laws of Canada mandate that employers must follow prescribed requirements in collecting, using and disclosing the personal information they collect from their employees. It’s advisable to consult an employment lawyer with expertise in privacy laws for counsel on employee privacy rights and obligations.
Issues on Employee’s Privacy Rights: How We Can Help
At Roberts and Obradovic Law, we have a team of experienced employment lawyers to assist you in all aspects of employee privacy laws. Out expert team of employment lawyers can provide advice and legal counsel on privacy related issues in the workplace. To get in touch with our employee privacy lawyers, simply give us a call at (647) 724-5179 or fill out our contact form.