Starting Oct. 11, provincially regulated employers in Ontario with 25 or more employees will have to disclose to their employees how they are being surveilled electronically
New legislation in Ontario that obligates employers to disclose how they conduct electronic surveillance of their employees is a step in the right direction, but still does not go far enough toward enhancing privacy rights for individuals, experts say.
Unlike Alberta, British Columbia and Quebec, Ontario does not have its own privacy legislation that gives employees the legal means to challenge employers on data they have collected. Most private-sector Ontario businesses and federally regulated entities, such as banks and airlines, are subject to the Personal Information Protection and Electronic Documents Act. But experts including Dr. Scassa have long argued that PIPEDA is outdated in the era of big data and artificial intelligence.
“You can complain if the policy is not produced, but you cannot do anything about the fact that information is being collected and if it is used against you,” she added. Adam Kardash, a leading privacy lawyer at the Bay Street law firm Osler, Hoskin and Harcourt LLP believes that the new law is helpful in that it will improve disclosure of those provincially-regulated employers in Ontario that currently do not tell their employees how they are being monitored.
“I think this is going to be pretty eye-opening for a lot of employees,” said Sundeep Gokhale, an employment lawyer with the Toronto-based law firm Sherrard Kuzz LLP. “Good employers will not have anything to be worried about. But for some employers, this could turn into a bit of a public-relations nightmare.”
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