"Your Workplace Computer - Private and Confidential?", CCH Newsletter:
Focus on Canadian Employment and Equality Rights, Vol. 9, No. 16, April 2011
Date:
April 1 2011
In this article, Andy Pushalik discusses issues concerning the use of technology in the workplace and privacy rights, as well as the R. v. Cole case, in which the Ontario Court of Appeal ruled that employees may, in certain situations, have a reasonable expectations of privacy that extends to the contents of their work computer.
Andy concludes that, although the law regarding an employee’s right to privacy is still evolving and will continue to do so for the foreseeable future, employers should take steps to clearly set out the extent to which information stored on workplace computers will be considered private. In addition, employers should delineate, as best they can, what will constitute acceptable use of workplace electronic devices — including a discussion of when, if ever, such devices can be used for personal purposes. To this end, employers should ensure that any computer-use policy remains subject to the terms of the company’s code of conduct. Lastly, in rolling out these changes, employers should remain aware of the potential impact the changes may have on employee morale and should address employees’ questions and concerns about the changes to monitoring policies and practices in a forthright manner.
Originally published in Focus on Canadian Employment and Equality Rights © CCH Canadian Limited, 2011.
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