Toronto Information & Privacy Lawyers

Privacy is a rapidly evolving area of Canadian law. Privacy issues, especially those which arise in a workplace context, trigger various areas of law related to labour and employment, including human rights, workplace safety, and constitutional issues.

Employees and employers who have questions about privacy matters in the workplace should consult with an experienced employment lawyer to obtain careful guidance and proactive advice.

At Mallins Law, our exceptional team of Toronto labour & employment lawyers assist both employers and employees with disputes arising from privacy breaches in the workplace. Our experience representing parties on both sides of the table allows us to provide our clients with forward-thinking, preventative, and practical guidance on developing areas of law such as privacy.

Privacy & Technology at Work 

The use of electronics and technology at work raises a myriad of often complex legal questions.

On one hand, most employees expect to have some privacy while in the workplace, even in situations where they are using employer-provided devices (i.e. computers, phones, etc.). On the other hand, employers must be able to maintain oversight over workplace productivity, to minimize potential legal risks, and to comply with their legal obligations (including the obligation to maintain a harassment-free and safe workplace). These competing interests often cause disputes between parties.

Legal issues to consider when thinking about electronics and technology use at work:

  • Employee policies, including computer use policies, bring your own device (BYOD) policies, social media use policies, and others;
  • Employee activity on social media outside of working hours;
  • Employer searches of personal devices.

Additional Privacy Issues 

Privacy issues may also arise in other workplace situations, including:

  • Background checks;
  • Drug and alcohol screening and/or testing;
  • Employee health records and medical information;
  • Monitoring of employees or use of surveillance in the workplace, including cameras;
  • Employee searches, including searches of an employee’s workstation, company vehicle, company electronic device, etc.

Mallins Law: Advising Employers & Employees on Their Privacy Rights at Work 

At Mallins Law, we have significant experience advising employers and employees on novel disputes governed by evolving legislation and caselaw such as privacy issues. We know that the labour market is constantly changing, as are the laws that govern it. We consistently remain ahead of the curve on all major changes in order to protect our clients and provide them with clear guidance. Call us at 647-792-0310 or contact us online for a consultation.