Monitoring of computer and phone use
Employers can generally monitor company-issued devices for legitimate purposes like security and productivity, provided employees are notified in advance.
Personal emails and messages sent from company devices may have a reduced expectation of privacy, but courts have found that some residual privacy interest remains.
Video surveillance in the workplace
Cameras must:
- Be justified by a clear purpose like security or theft prevention.
- Be installed only where necessary and not in areas of heightened privacy expectation (bathrooms, change rooms).
- Be disclosed to employees with clear signage.
- Have access to recordings limited to those who need it.
GPS tracking of vehicles
GPS tracking of company-owned vehicles is generally acceptable for legitimate business purposes (dispatch, safety, maintenance), but tracking during off-duty hours raises serious privacy concerns.
Ontario Bill 88 electronic monitoring policies
Ontario employers with 25 or more employees must have a written policy describing any electronic monitoring, the circumstances, and the purposes. The policy does not limit monitoring but must be transparent.