Practical Analysis

Employee Monitoring, Workplace Cameras, GPS and AI Hiring: What HR Must Explain

Canadian workplace monitoring obligations vary, but privacy, proportionality and honest disclosure matter. Ontario adds distinct electronic monitoring and AI hiring disclosure rules.

Employers can now measure far more about work than they could even a few years ago. Messaging systems preserve conversations, software reports when an employee is active, security cameras record ordinary interactions, delivery vehicles generate location records and recruiting platforms rank applicants. Each tool has an operational purpose that may be legitimate. The existence of a purpose, however, does not establish that continuous monitoring is necessary, legally permitted or consistent with what employees were told. Email and Teams monitoring are not one unlimited permission. A company may need to protect confidential information, maintain systems and investigate credible misconduct. Depending on the governing law and facts, reviewing business communications may be justified for those purposes. Yet access to a corporate account doesn't automatically make every personal conversation fair game. The Office of the Privacy Commissioner of Canada recommends that monitoring be reasonable, proportionate and minimally intrusive, and that employers identify and communicate its purpose. The employer should consider whether it can achieve the same result by limiting the people, period or information reviewed.

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