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Freedom of Information and Protection of Privacy Act

By McCarthy Tétrault LLP | 3 Minutes Read February 2, 2018

Keeping an eye on employees – Guidance from BC’s Office of the Information and Privacy Commissioner

If you decide that you need to keep an eye on your employees, you’ll want to take into consideration this guidance from BC’s Office of the Information and Privacy Commissioner.
Guidance from BC's Office of the Information and Privacy CommissionerAs technology becomes more inexpensive, accessible and ubiquitous, we are seeing an increase in employers’ use of surveillance tools. While workplace monitoring has its benefits, such as providing safety coverage and greater transparency, it can come with risks, including the unlawful collection of employees’ personal information. Recognizing the enhanced role technology plays in the modern workplace, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) recently published two guidance documents to help employers navigate their use of employee surveillance:

  1. “Employee Privacy Rights”, and
  2. “Using Overt Video Surveillance”

As a starting point, the collection, use and disclosure of employee’s personal information accessed by employers is subject to BC’s Freedom of Information and Protection of … Continue reading “Keeping an eye on employees – Guidance from BC’s Office of the Information and Privacy Commissioner”

Article by McCarthy Tétrault LLP / Business, Finance and Accounting, Payroll, Privacy / Employee privacy rights, employee surveillance, Freedom of Information and Protection of Privacy Act, guidance from BC's Office of the Information and Privacy Commissioner, Personal Information Protection Act

By Occasional Contributors | 6 Minutes Read March 21, 2016

Hello my name is [redacted]: Employee privacy trumps employer requirement for surnames on name tags

Prairie Montagues and Capulets can carry out their work with the public on a first-name-only basis, according to a recent ruling from a Saskatchewan labour arbitration panel. The panel sided with a healthcare union that complained about the employer’s policy requiring staff nametags to display both a first and last name. The panel found that requiring surnames to be displayed violated the employees’ privacy and occupational health and safety rights, and was inconsistent with the union’s collective agreement.

Article by Occasional Contributors / Business, Finance and Accounting, Not for Profit, Payroll, Privacy / Canadian Union of Public Employees, employee personal information, employee rights to a safe workplace, employees’ privacy, employer’s policy requiring staff nametags, employment law, employment relationship, Freedom of Information and Protection of Privacy Act, occupational health and safety rights, union’s collective agreement

By Adam Gorley | 5 Minutes Read August 24, 2015

Employee monitoring software an unnecessary violation of privacy

A municipality in British Columbia showed a “near-complete lack of awareness and understanding” of BC's Freedom of Information and Protection of Privacy Act and made no effort to assess potential privacy violations when it implemented employee-monitoring software on the computers of a dozen high-level employees, including the mayor.

Article by Adam Gorley / Business, Finance and Accounting, Information Technology, Payroll, Privacy / British Columbia, consent, email filtering, employee monitoring, employee monitoring software, event log analysis, external audit, failure to obtain consent, FIPPA, firewall, Freedom of Information and Protection of Privacy Act, Information and Privacy Commissioner, information audit, Intrusion Detection System, Intrusion Prevention System, keystroke logging, legal compliance, Privacy audit, Privacy Commissioner, privacy management program, proactive security, reactive security, screenshot recording, Spector 360, user logs, web filtering

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