privacy law

A reasonable expectation of privacy: The application of R v. Jarvis to the employment context

May 14, 2019 Piccolo Heath LLP Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security, 0

The recent Supreme Court of Canada decision in R v. Jarvis addressed the circumstances that give rise to a reasonable expectation of privacy. While the case directly considered whether certain recordings violated the Criminal Code, the Court’s broad analysis of when a reasonable expectation of privacy exists applies outside the criminal context, with relevance to employers.

employment law, PIPEDA, privacy, privacy law, privacy violations

5 questions regarding PIPEDA’s mandatory breach reporting – What human resources professionals need to know

November 6, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Penalties and Fines, Privacy and Security

This blog answers 5 key questions employers have with respect to the new mandatory breach reporting requirements under PIPEDA.

Canada’s privacy commissioner, compliance with privacy legislation, employer obligations, employment law, mandatory breach reporting, PIPEDA, privacy law

Proposed personal information protection in Ontario

May 7, 2018 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Privacy and Security

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.

employment law, personal information protection, privacy, privacy law

Tips for recruiting online

October 11, 2017 Lisa Stam, Spring Law Accessibility Standards, Employee Relations, Employment/Labour Standards, HR and Technology, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring, Standard for Employment

While it may be tempting to view the web as a wild west free-for-all, it is important to remember that the law still very much applies.

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Privacy information: Cookieless identification and tracking of devices

September 6, 2017 Christina Catenacci HR and Technology, HR Policies and Procedures, Human Resources, Privacy and Security

On August 21, 2017, the Office of the Privacy Commissioner of Canada released an informative piece regarding cookieless identification and tracking of devices.

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Video cameras in the workplace – The Vigi Santé Ltée decision: The Court of Appeal weighs in

August 8, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, HR and Technology, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations

The presence of video cameras in the workplace, as well as other measures of surveillance put in place by employers, have generated considerable commentary in recent years in Quebec. Administrative and civil tribunals are increasingly called upon to rule on the legality of these measures which are increasingly accessible to employers, as well as to assess their probative value in the context of the administration of evidence.

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Three popular articles this week on HRinfodesk

August 3, 2017 Cristina Lavecchia Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Privacy and Security

The three popular articles this week on HRinfodesk deal with: a warning from the Privacy Commissioner not to reuse passwords, a company that contravened privacy law by releasing the results of an employee’s drug test and Alberta’s investigation of serious workplace health and safety incidents.

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Three popular articles this week on HRinfodesk

December 22, 2016 Cristina Lavecchia Corporate Immigration, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Privacy and Security, Recruiting and Hiring, Union Relations

The three popular articles this week on HRinfodesk deal with: a case where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work; an FAQ that addresses employee privacy; and changes to the express entry program which came into force on November 10, 2016.

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Three popular articles this week on HRinfodesk

August 25, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Training and Development, Union Relations

The three popular articles this week on HRinfodesk deal with: an employee who described their workplace as a “sh*t hole” on Facebook was found to be justly terminated; how to prepare for marijuana legalization in Canada; and a pension and benefit plan provider who breached privacy law, causing an employee to lose life insurance coverage.

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Employer liable for disclosure of employee confidential medical and employment information #learnthelatest

April 8, 2016 Stringer LLP Conferences, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Privacy and Security, Union Relations

The law has become increasingly sensitive to the need for the protection of personal information from public disclosure. This is of particular concern for employers, who often possess a wealth of personal information about their employees. With this possession comes responsibilities that can trigger legal liability if not fulfilled.

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Public disclosure of private facts: New class action certification

January 6, 2016 Lisa Stam, Spring Law Employee Relations, Human Resources, Privacy and Security

I have a particular interest in technology and its impact on the workplace. A key consequence of the impact of technology is our evolving relationship with privacy rights. As our lives become more digital, our privacy is more difficult to control. Deactivating my Facebook account is not the same as drawing the shades on my front window. Who knows where all that data continues to hang out online and who has access to it?

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Health minister announces changes coming to PHIPA in Ontario

October 6, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Penalties and Fines, Privacy and Security

The Ministry of Health and Long-Term Care has announced in a news release that it intends to introduce amendments to the Personal Health Information Protection Act (PHIPA) to strengthen PHIPA and protect patient privacy.

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Understanding employee privacy and work-issued computers

October 31, 2012 Lauren Bride Employee Relations, HR Policies and Procedures, Human Resources, Privacy and Security

Last week, Alison J. Bird wrote for the First Reference Talks blog about the R. v. Cole case, involving a high school teacher who had kept photos of a naked, underage student on his work computer. In the several days, there have been a flurry of news stories calling attention to privacy boundaries employees can expect regarding work-licensed technology.

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Slaw: Advice from Ontario Privacy Commissioner: Make privacy part of your corporate culture

September 20, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Privacy and Security

The Ontario Information and Privacy Commissioner is calling on organizations to make privacy a part of their corporate culture. Dr. Ann Cavoukian, says it is not enough for organizations to have a privacy policy in place – they must take steps on an ongoing basis to make sure it is reflected in every aspect of their operations.

employment law, Make privacy part of your corporate culture, privacy law, privacy policy, Privacy practices and procedures, private-sector privacy laws

Slaw: Privacy management guide aims to improve accountability

April 26, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Privacy and Security

The privacy commissioners of Canada, Alberta and British Columbia have developed a guide to help organizations implement an effective privacy management program that meets private-sector privacy legislation and to provide consistent direction on what it means to be an accountable organization when dealing with individuals’ personal information…

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