MT>3
  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact

The Pendulum of Workplace Privacy

23/10/2012

 
The privacy pendulum in Canada continues to swing – this time toward increased privacy rights in the workplace. For the last several years, employees have been advised that they had no expectation of privacy for personal information created and stored on digital devices owned by their employer. Apparently, the Supreme Court of Canada disagrees with this principle and recently confirmed in a landmark decision that employees have a reasonable expectation of privacy in some circumstances.

In the R. v. Cole decision released Friday, October 19th, Canada’s highest court considered the privacy rights of an employee teacher who stored child pornography on his work computer. In its decision, the Court confirmed that employees do have limited rights to privacy for personal information on workplace digital assets, as long as personal use is “permitted or reasonably expected.” However, based on these particular facts, the Court held that the expectation of privacy was overridden by the importance of the evidence to the case.

In general, the Court noted that computers (at home or in the workplace) contain information that is “meaningful, intimate, and touching on the user’s biographical core”. As such, “while workplace policies and practices may diminish an individual’s expectation of privacy in a work computer, these sorts of operational realities do not in themselves remove the expectation entirely.”

​This decision will impact on the collection practices of organizations engaged in the discovery phase for litigation, regulatory investigation or audit. The right of an employer to simply collect all information on workplace digital devices, once believed to be unfettered, will have to be examined in light of this decision. Further, it is likely we will see an increase in workplace policies prohibiting the personal use of workplace assets.


Comments are closed.

    Categories

    All
    Artificial Intelligence
    Blockchain
    Cyber Security
    E Discovery
    Information Governance
    Legaltech
    Privacy
    Social Media
    Technology


    Archives

    February 2021
    November 2020
    October 2020
    July 2020
    June 2020
    April 2020
    March 2020
    February 2020
    January 2020
    November 2019
    October 2019
    September 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    May 2018
    April 2018
    March 2018
    September 2017
    August 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    June 2011
    April 2011
    March 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    March 2010
    February 2010
    January 2010
    October 2009
    September 2009
    August 2009
    December 2008
    March 2008
    November 2007
    October 2007

130 Adelaide Street West Suite 2020
Toronto, Ontario M5H 3P5
​ ​
t: 416-642-2220  
tf: 1-877-642-2220  
f: 416-868-0673
Contact MT>3
@MT>3 2018. All Rights Reserved
Picture

Privacy Policy and Terms of Use

  • Home
  • About
  • People
  • Services
    • e-Discovery
    • Managed Review
    • Information Governance
    • Due Diligence
  • Blog
  • News
  • Contact