Q: Is my employer allowed to monitor me in the workplace digitally and by video surveillance? Doesn’t this violate my right to privacy?
A: As technology advances, electronic usage in the workplace has become the standard, and with it electronic monitoring.
When you’re at work, your privacy is limited — your employer can monitor shared spaces and virtually anything on company devices.
However, you have a right to know how you are being monitored.
In fact, the Employment Standards Act (ESA) states that employers who employ 25 or more employees on Jan. 1 of any year must have a written electronic monitoring policy in place before March 1 of that year.
Similarly, privacy legislation speaks to consent, use and disclosure of employee information.
Neither imposes a ban on employee monitoring.
An employer’s written policy on electronic monitoring could be a stand-alone document or it may be part of a larger document, such as a comprehensive human resources manual.
The ESA outlines that the policy must include:
• A statement as to whether the employer engages in electronic monitoring of employees;
• Where the employer electronically monitors employees;
• A description of how the employer may monitor activity;
• A description of the circumstances in which the employer may electronically monitor employees;
• The purposes for which information obtained through electronic monitoring may be used by the employer;
• The date the policy was prepared, and the date any changes were made to the policy.
For example, if an employer monitors its employees’ emails and online chats the policy should clearly state this and the reason.
Monitoring can also include words typed, keystrokes and access to documents/files/apps stored on company-provided devices.
If applicable, the employer must also communicate they are tracking an employee’s delivery vehicle using GPS.
Lastly, the ESA says employees are limited in the ways they can go about submitting complaints regarding written policies on electronic monitoring.
A complaint can only be made to the ministry or be investigated by an employment standards officer when there is an alleged failure of the employer’s obligation to provide a copy of the written policy within the required time frame.
A complaint alleging any other issues regarding the policy cannot be made or investigated by an employment standards officer.
As for video surveillance in the workplace, the Information and Privacy Commissioner of Ontario (PCO) oversees compliance with Ontario’s Personal Information Protection and Electronic Documents Act (PIPEDA), the statute governing how private organizations collect, use and disclose personal information in the course of conducting business.
“Personal information” is defined as information about an identifiable individual.
As such, private-sector employers in Ontario or federally regulated employers are required to provide employees with a written policy on recording (audio and video) and obtain consent.
Employers are also required to use clear and visible signage to inform employees and visitors that specific areas are under surveillance.
Keep in mind that surveillance is not to be conducted in areas where a reasonable expectation of privacy exists, such as washrooms and change rooms.
If your company has provided you with a work phone, laptop or any other device for the purpose of work, it is safe to assume that your employer has access to the device and may in turn monitor its activity.
The same assumption can be applied if you are using company Wi-Fi on your personal devices.
Be mindful of what you search on the internet and what you download, as many companies have IT systems in place that flag specific keywords used or websites visited.
Additionally, if your company is recording you by video, it is important to be aware and behave accordingly.
