Ontario legislation forces employers to inform staff they are being monitored

The Ontario government has decided to introduce legislation that would force employers to inform their employees that they are being monitored electronically. What could the Working for Workers Act, 2022 (Bill 88) mean for the employer and employee dynamic moving forward? Will this legislation impact privacy rights in the workplace?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke with the Globe and Mail regarding this proposal and what this will mean for employee rights.

Are employers obligated to inform employees they are being tracked electronically?

“Employers need to show the electronic surveillance or collection of data has a legitimate business purpose and no less-intrusive means of achieving it is available.”

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While Ontario doesn’t have legislation that is specific to this issue, I would say that as it stands, employees’ personal right to privacy is valued by the court to a relatively high degree,” Lucifero states.