Employee Privacy Rights in the Ontario Workplace

Electronic Monitoring — Bill 88 Requirements (2022)

As of October 11, 2022, Ontario employers with 25 or more employees must have a written electronic monitoring policy that discloses:

• Whether and how employees are electronically monitored.
• What devices and systems are monitored (computers, phones, GPS, email).
• The purpose of the monitoring.

Note: the law only requires disclosure of monitoring — it does not restrict or prohibit it. Employees must be given the policy within 30 days of hire.

What Employers Can Generally Monitor

• Company-owned computers, email, and internet usage.
• Company vehicles with GPS trackers (with disclosure).
• Workplace surveillance cameras in common areas (not bathrooms or change rooms).
• Phone calls on company lines (with notice).

What Employers Cannot Do

• Install surveillance in washrooms, change rooms, or other private spaces.
• Covertly monitor personal devices without consent.
• Collect or use biometric data without explicit informed consent.
• Share personal health information without consent (subject to PHIPA).

Personal Information — PIPEDA and Ontario Law

Private sector employers in Ontario are subject to federal PIPEDA (Personal Information Protection and Electronic Documents Act). Key principles:

• Employers must collect only information necessary for the employment relationship.
• Employees have a right to access their own personal information held by the employer.
• Employers cannot disclose personal information to third parties without consent except as required by law.

Work From Home Privacy

Remote work has expanded employer monitoring capabilities (keyloggers, screen capture, activity tracking). Employees should review their electronic monitoring policy carefully. Monitoring of home Wi-Fi networks or personal devices connected to work systems raises serious privacy concerns and may be challengeable.