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Privacy and Security

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with jury pay, the EU’s new GDPR and a study of wages for people up to the age of 40.

 

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Privacy Commissioner of Canada provides guidance on meaningful consent

Obtaining meaningful consent represents a significant responsibility, and the Privacy Commissioner has created a checklist to assist organizations in achieving compliance.

 

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Privacy Commissioner of Canada provides guidance on inappropriate data practices

The Privacy Commissioner has outlined several “No-Go Zones”, and organizations are recommended to avoid collection, use and disclosure of personal information for these inappropriate purposes.

 

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The European Union’s General Data Protection Regulation (GDPR) took effect on May 25, 2018 – what does this mean for Canadian organizations?

When determining whether the GDPR applies to our organization, it is important to ask questions such as, “Do I have an establishment in the EU?”, “Do I offer goods or services to individuals in the EU?”, and “Do I monitor the behaviour of individuals in the EU?”

 

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Social media and recruitment

Social media is now a part of our lives, including our work lives. While it can be an important tool, employers need to use their good judgment and use it wisely.

 

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Proposed personal information protection in Ontario

The new proposed Bill 14 would apply to every “organization”, which is defined as including persons, unincorporated associations and other organizations but does not include certain individuals, public bodies (some of which include the government, a municipality, or a municipal board of Ontario) and Ontario courts.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with pay transparency legislation, the taxability of employee discounts and privacy during the hiring process.

 

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Update on random drug testing in the workplace

It’s clear that in unionized environments the invasion of privacy imposed by random drug and alcohol testing will not be taken lying down. The drug and alcohol testing landscape is likely to get more complicated with the legalization of marijuana.

 

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Recent report of the Standing Committee on Access to Information, Privacy and Ethics

Employers who are governed by PIPEDA are recommended to remain informed on these issues because some of the above-mentioned recommendations may become part of future legislative and policy initiatives.

 

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Bill C-65 – Amendments to the Canada Labour Code dealing with sexual harassment and violence

Federally-regulated employers, including those covered by the PESRA, should consider whether Bill C-65’s proposed changes require an examination or revision of current policies and practices on workplace violence or harassment.

 

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Secretly recorded conversations – the collision of “technification” and mistrust in the workplace

While I would never have been able to predict at the time I started practicing employment law that I’d be writing about and advising clients on the risks associated with secret recordings in the workplace, it is a reality that is now a regular part of the modern workplace.

 

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Sexual harassment and Valentine’s Day

Employers need to be aware of the sexual tensions at play in an office, or risk being held liable for failing to address a poisoned work environment. For example, if two co-workers had a relationship and then broke up, and one is now showing revealing photos of the other around the office, this likely creates a poisoned work environment for the depicted employee. Though a manager may be tempted to deem the matter personal, the employer has an obligation to protect the employee.

 

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USCBP updates policy on border searches of electronic devices

Canada USA border crossing

On January 4, 2018, United States Customs and Border Protection (“USCBP”) updated its official policy on border searches of electronic devices. The new policy directive[1] (the “New Directive”) supersedes its prior policy directive (the “Prior Directive), which was issued on August 20, 2009[2]. The New Directive addresses some, but not all, of the issues that arise in relation to border searches of electronic devices.

 

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Artificial Intelligence (AI) in recruiting

artificial intelligence

Stories about artificial intelligence (AI) stealing our jobs and robots going rogue have been in our collective consciousness for years. Elon Musk has also sounded the alarm bells’, calling AI the “biggest risk we face as a civilization”. While he may know a few things I don’t, I can’t say that I agree. Always one to embrace technology, I think AI has great potential to be used by businesses in the HR space, such as to make hiring practices more efficient and more fair.

 

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Is the rule of law at risk in Ontario?

Rule of law

Recently I concluded that the rule of law no longer applies in many Ontario workplaces. The epiphany hit me when I was meeting with the Managing Director of a boutique law firm.

 

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