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.
The Supreme Court of Canada released its much-awaited decision in R. v. Cole, 2012 SCC 53, on October 19. This criminal law case is notable for employers because it provides commentary on an employee’s right to privacy when using an employer-supplied laptop.
In the “old” days, employees took whatever their employers gave them when it came to cellphones or personal digital assistants. However, the popularity of devices such as Apple and Android smartphones prompted a backlash from staff demanding to use their product of choice. Many employers, seeing a way to reduce costs, invited employees to "bring your own device"...
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