Amazon drivers forced to sign consent form

The tech giant Amazon is asking its drivers to sign a bio-metric consent form that will allow Amazon to use AI technology to access their location, movement and other biometric data. Drivers who refuse to sign the form will be terminated. What are the drivers’ rights?

Mackenzie Irwin, a Toronto employment lawyer and associate at Samfiru Tumarkin LLP joins Global News Radio’s 640 Toronto with John Oakley to answer questions on employee rights and privacy concerns.

What They Discussed

Is the recent biometric consent form request from Amazon legal?

In general, collecting biometric data is legal depending on the situation; how long the data is stored, for what purpose, and what information is collected.  Data that is used for purposes that are not outlined by the employer can potentially be problematic. An employee will have to consent to the data being collected.

Is there a grey area in terms of the data that can be collected and employee privacy rights?

If an employee refuses to sign the consent form for human rights reasons, Amazon will likely not be able to collect that employee’s biometric data. Amazon does have the prerogative to have its employees sign a consent form and can terminate employees who do not consent. Before signing a form or new employment contract, an employee should always try and contact an employment lawyer.

Can Amazon employees who refuse to sign the consent form be constructively dismissed?

Amazon drivers are not obligated to sign the consent form, it cannot be a requirement. The company, however, can terminate employment for employees who do not sign, but will have to offer appropriate severance entitlements for amazon employees.

Can an employer mandate COVID-19 testing or vaccination?

Employers at this stage cannot mandate vaccinations in the workplace, although this could change in the future depending on the industry. Employers however do have an obligation to maintain a safe and healthy work environment.