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.
The Privacy Commissioner has outlined several “No-Go Zones”, and organizations are recommended to avoid collection, use and disclosure of personal information for these inappropriate purposes.
I just read an interesting article saying that Germany may be the first to pass a law making it illegal for prospective employers to spy on applicants' private postings on Facebook. Do you think this type of law could ever be passed in Canada?