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Privacy and Security

Alberta employers can now use and maintain electronic employment records: Amendments to the Electronic Transaction Act General Regulation

Recent amendments to the Electronic Transactions Act General Regulation remove restrictions on employers’ use of electronic signatures and storage of electronic documents.

 

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Client alert: Remote work, data breaches and cybersecurity considerations during COVID-19

As businesses adapt to the “new normal” of extreme uncertainty caused by the COVID-19 pandemic, countless employees are faced with the prospect of working remotely in a variety of new (and sometimes less-than-secure) environments. Cybercriminals have taken notice.

 

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Privacy Commissioner of Canada releases guidance on privacy and the COVID-19 outbreak

On March 20, 2020, the Office of the Privacy Commissioner of Canada issued guidance to help organizations subject to federal privacy laws understand their privacy-related obligations during the COVID-19 outbreak. The assistance comes as the outbreak raises questions about privacy issues during a pandemic.

 

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Remote work considerations: An employer’s guide

As the world manages its way through the current COVID-19 global pandemic, employers are required to act quickly to implement remote work arrangements.

 

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Remote work and information privacy

An unprecedented number of organizations have asked their employees to move to remote work in response to the COVID-19 Health Emergency.

 

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Managing the coronavirus (COVID-19) for employers

The spread of the novel coronavirus (COVID-19) has been the dominating news topic of 2020 so far. Canadian health officials maintain that, at this point, the risk of contracting COVID-19 remains low in all parts of Canada. However, it is important for employers to be prepared to respond as COVID-19 continues to develop both in Canada and globally.

 

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Surveillance in the workplace

Workplace privacy is an evolving and somewhat muddy area of law. In Ontario, our key employment law statutes, the Employment Standards Act and the Occupational Health and Safety Act, are silent on the issue of privacy. Yet surveillance is ubiquitous.

 

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Dois-je tout dévoiler à la partie intimée?

C’est une question que l’on nous pose souvent pendant notre formation sur les techniques de base en matière d’enquêtes au travail. Devons-nous vraiment tout dévoiler avant l’entrevue avec la partie intimée? Certains participants pensent que la partie intimée fournira des informations plus spontanées et candides s’il y a un élément de surprise pendant l’entrevue.

 

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Do I have to tell the respondent everything?

One of the questions we are often asked is how much information should be disclosed to a respondent during an investigation. Some feel that respondents are more likely to provide honest and candid information if they are taken by surprise as opposed to having advance notice of the allegations and supporting evidence. The fear is that with the information, a respondent may have more time to concoct a story in response to the allegations and evidence.

 

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A few recent announcements from the Office of the Privacy Commissioner of Canada

February was a noteworthy month in privacy – the Office of the Privacy Commissioner of Canada made some announcements that we should pay attention to.

 

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Non-consensual sharing of intimate images grounds for summary dismissal

Can sharing intimate photos of one your coworkers with your friends result in the summary dismissal of your employment for cause?

 

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DHS commences pilot project to collect DNA from certain travellers

The Department of Homeland Security (DHS) recently announced a pilot project to collect DNA samples from certain travellers, which commenced on January 6, 2020. This announcement has prompted questions from Canadians (and other foreign nationals), who are concerned that they may be required to provide a sample of their DNA when travelling to the United States.

 

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Are changes to Canada’s Privacy Law landscape on the horizon?

It looks like 2020 might be the year where Canada catches up in the realm of privacy and data protection laws. These will likely have a ripple effect throughout the workplace.

 

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Managing and addressing workplace developments caused by the spread of Coronavirus

Many employers are starting to ask questions about the legal framework within which they can prepare, manage and address developments and potential issues caused by the spread of the Coronavirus.

 

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Happy Data Privacy Day!

January 28, 2020, was a time to celebrate Data Privacy Day. Or, if you are in Europe, it is called, Data Protection Day. What is Data Privacy Day?

 

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