Ontario’s electronic monitoring legislation must enhance privacy rights for employees, experts say – The Globe and Mail

Adam Kardash

Oct 10, 2022

New legislation in Ontario that obligates employers to disclose how they conduct electronic surveillance of their employees is helpful in that it will improve disclosure of those provincially regulated employers who currently do not tell their employees how they are being monitored, Osler’s Adam Kardash, partner, Privacy and Data Management, says in an interview with The Globe and Mail.

“In my experience, most larger enterprises, with more mature human resources divisions already disclose that electronic monitoring that takes place,” says Adam. “Fundamentally, you want to create trust between employers and employees. And a key feature of a trust relationship is being transparent about an organization’s personal information practices.”

All provincially regulated employers in Ontario with 25 or more workers are required to have a written policy on how they monitor their employees, and how they might be using information gathered from the workplace surveillance. The policy has to be shared with current and new employees. As well, any time an employer introduces new software or tools to track a worker without their knowledge, that information has to be shared with employees.

If you have a subscription to The Globe and Mail, you can read the full article by author Vanmala Subramaniam published on October 10, 2022.