invasion of privacy

PHIPA fines in the workplace

August 16, 2017 Lisa Stam, Spring Law HR Policies and Procedures, Human Resources, Privacy and Security

This spring the largest penalty to date was issued under Ontario’s Personal Health Information Protection Act (PHIPA). A social work student was convicted of accessing personal health information without authorization, and ordered pay a $20,000 fine and a $5,000 victim fine surcharge.

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Privacy class action to proceed

July 22, 2014 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security

Canada will see its first class action lawsuit based on the new tort of invading another’s privacy, after a Bank of Nova Scotia employee leaked customers’ personal information to his girlfriend for personal gain. At least 138 customers were subsequently defrauded. Ontario’s Superior Court accepted that the employer was vicariously liable for the employee’s actions […]

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Employer’s random alcohol testing policy constitutes unreasonable invasion of employees’ rights to privacy

July 2, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations

An employee’s right to ensure workplace safety versus an employee’s right to privacy – these competing rights have been present in the workplace for many years. On one hand, employers must be able to adopt policies to protect their workforce and abide by statutory health and safety obligations. On the other hand, employees expect that they will not be subject to intrusive policies that unreasonably infringe on their privacy expectations.

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Do you need a social media policy?

June 4, 2013 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

It is understandably frustrating for employers and human resources managers to try keep up with social media trends. It seems that as soon as employers (or anyone over the age of 25) has figured out the latest social media tool, the masses have moved on to the next one. Likewise it is almost impossible to amend or adapt a “social media” policy with each shift in trend.

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Video surveillance and the workplace – Part 2

April 20, 2012 David Hyde Human Resources, Privacy and Security

A mixture of incognizance and apathy often prevails in the private sector when it comes to understanding and applying legal privacy considerations in the installation and use of video cameras…

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What’s reasonable when assessing an employee’s fitness to return to work?

March 6, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Privacy and Security, Union Relations

When an employee refused to disclose any medical details prior to returning to work following a leave of absence due to mental disability, the employer was left without the necessary knowledge to determine her fitness to return to her pre-disability leave position and if accommodation was required…

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