workplace privacy resources

Workplace Privacy - Resources

The information provided on this webpage is of a general nature and does not constitute legal advice. Moreover, it addresses only some issues in information privacy, labour and employment law. If you have questions about privacy and your workplace, you should consult a lawyer, your union representative, or the human resources department of the organization you work for. For general information on private sector data protection laws, see CIPPIC’s webpage on Privacy. CIPPIC welcomes feedback and comments on this webpage at cippic@uottawa.ca.



•   1. Legislation Relevant to Workplace Privacy
•   2. Government Resources on Workplace Privacy
•   3. Further Reading

  


1. Legislation Relevant to Workplace Privacy

Legislation Governing Privacy in the Public Sector

Privacy Act

Schedule of Federal Government Institutions that are covered by the Privacy Act.

Alberta: Freedom of Information and Protection of Privacy Act and Personal Information Protection Act.

British Columbia: Freedom of Information and Protection of Privacy Act.

Manitoba: The Freedom of Information and Protection of Privacy Act.

New Brunswick: Protection of Personal Information Act.

Newfoundland: Access to Information and Protection of Privacy Act.

Northwest Territories: Access to Information and Protection of Privacy Act.

Nova Scotia: Freedom of Information and Protection of Privacy Act and Part XX of the Municipal Government Act.

Nunavut: Access to Information and Protection of Privacy Act.

Ontario: Freedom of Information and Protection of Privacy Act and Municipal Freedom of Information and Protection of Privacy Act.

Prince Edward Island: Freedom of Information and Protection of Privacy Act.

Quebec: An Act respecting access to documents held by public bodies and the protection of personal information.

Saskatchewan: Freedom of Information and Protection of Privacy Act and The Local Authority Freedom of Information and Protection of Privacy Act.

Yukon: Access to Information and Protection of Privacy Act.

Legislation Governing Privacy in the Private Sector

Personal Information Protection and Electronic Documents Act

PIPEDA is the federal act that regulates the collection, use and disclosure of personal information in Canada by the private commercial sector. It applies to federally regulated commercial sectors like the airline industry, as well as to commercial activities in all provinces except for Alberta, British Columbia, and Quebec.

Alberta: Personal Information Protection Act.

British Columbia: Personal Information Protection Act.

Quebec: Civil Code of Québec and An Act Respecting the Protection of Personal Information in the Private Sector.

Legislation Governing Health Information Privacy

Alberta: Health Information Act.

Manitoba: Personal Health Information Act.

Ontario: Personal Health Information Protection Act.

Saskatchewan: Health Information Protection Act.

 

2. Government Resources on Workplace Privacy

Canada

Office of the Privacy Commissioner of Canada

Canadian Human Rights Commission (CHRC). Consult the CHRC website for more information on background checks, credit checks, drug testing, and workplace accommodation.

Alberta

Office of the Information and Privacy Commissioner of Alberta

Impacts of Privacy Law on Managing Health & Safety in the Workplace, Frank Work, Q.C., Information and Privacy Commissioner of Alberta. Presentation to the Health and Safety Conference Society of Alberta (November 8, 2005).

British Columbia

Office of the Information and Privacy Commissioner (OIPC) of British Columbia

Resources for Businesses and Organizations: PIPA and the Hiring Process.

Privacy Laws in the Workplace – Do The New Privacy Laws Make A Difference? David Loukidelis, Information and Privacy Commissioner of B.C. Presentation at the Advanced Human Resources Management in a Hot Economic Climate Insight Conference, Vancouver, B.C. (November 28, 2006).

The Impact of Privacy Legislation on Employers, David Loukidelis, Information and Privacy Commissioner of B.C. Presentation at the CACE 3rd Annual Conference, Whistler, B.C. (September 30, 2006).Workplace Privacy & Private Sector Privacy Laws, David Loukidelis, Information and Privacy Commissioner of B.C. Presentation at the CLE Employment Law Conference, Vancouver, B.C. (April 24 & 25, 2003).

 

Manitoba

Office of the Ombudsman: Access and Privacy Division

  Implementing Privacy in Your Organization, Garry Phail and Nancy Love, Manitoba Ombudsman – Access and Privacy Division. Presented at the Privacy in the Public Sector Post Conference Workshop, Winnipeg, Manitoba (May 5, 2006).

New Brunswick

New Brunswick Office of the Ombudsman

Privacy: Discussion Paper #2, Legislative Assembly of New Brunswick, Department of Justice (May 1998).

Newfoundland & Labrador

Office of the Information and Privacy Commissioner for Newfoundland and Labrador

Northwest Territories

Northwest Territories Department of Justice, Access and Privacy Information

Nova Scotia

Freedom of Information and Privacy Review Office

Nunavut

Information and Privacy Commissioner of Nunavut

Ontario

Information and Privacy Commissioner of Ontario

Reasonableness in the Context of Workplace Privacy, Mary O’Donoghue, Senior Legal Counsel, Ontario Information and Privacy Commission. Presentation to the Workplace Privacy Infonex Conference, Toronto, Ontario (June 25, 2001).

Workplace Privacy: The Need for a Safety-Net, Ontario Information and Privacy Commission. Discussion Paper (November 1, 1993).

Ontario Human Rights Commission (OHRC). Consult the OHRC website for more information on the criminal background checks, credit checks, drug testing, and workplace accommodation.

Prince Edward Island

Access to Information and Privacy Commissioner of Prince Edward Island

Quebec

Commission d’accès à l’information du Québec

La biométrie au Québec: Les principes d’application pour un choix éclairé (Biometrics in Quebec: Application Principles – Making an Informed Choice), Commission d’access a l’information (July 2002).

Saskatchewan

Office of the Privacy Commissioner of Saskatchewan

Privacy Laws and Virtue Testing In the Workplace, R. Gary Dickson, Q.C. and Sandra Barreth, Office of the Information and Privacy Commissioner. Presentation to the Canadian Bar Association, Saskatchewan Branch, Mid-Winter Meeting, Moose Jaw, Saskatchewan (February 3, 2006).

Yukon

Ombudsman and Information and Privacy Commissioner of Yukon

 

3. Further Reading

Simon Kiss and Vincent Mosco, Negotiating Electronic Surveillance in the Workplace: A Study of Collective Agreements in Canada, Canadian Journal of Communication, Vol. 30 (2005) 549-564, The Surveillance Project, Queen’s University, Kingston, Ontario.

Professor Michael Geist, Computer and E-Mail Workplace Surveillance in Canada: The Shift from Reasonable Expectation of Privacy to Reasonable Surveillance, Canadian Judicial Council (May 2002).

Melanie C. Samuels and Sara Gregory, Privacy Issues in the Workplace: Employer Monitoring of Employee Technology Use, The Continuing Legal Education Society of British Columbia (August 21, 2001).

Protection of Workers’ Personal Data – An ILO Code of Practice, International Labour Office (ILO), Geneva, Switzerland (1997).

Workplace Privacy, Electronic Information Privacy Centre (EPIC), Washington, D.C., U.S.A.

Stacey Regionals Ball, Canadian Employment Law (Updated Loose Leaf), Canada Law Book: Aurora, Ontario, 1997.

Jeremy deBeer, “Employee Privacy: The Need for Comprehensive Protection,” (2003) 66 Saskatchewan Law Review 383.

Charles Morgan, “Employer Monitoring of Employee Electronic Mail and Internet Use,” (1999) 44 McGill Law Journal 849.

Marc-Alexandre Poirier, “Employer Monitoring of the Corporate E-mail System: How Much Privacy Can Employees Reasonably Expect?” (2002) 60 University of Toronto Faculty Law Review 85.

Levin et al, "Under the Radar: The Employer Perspective on Workplace Privacy", The Privacy and Cyber Crime Research Institute, Ryerson University (2006).

 

Back to Workplace Privacy main page


 

This page last updated: October 1st, 2007

This webpage was researched and drafted by Louisa Garib, LL.M., and edited by CIPPIC 2007 summer intern Janet Lo.