Employee privacy rights in Canada protect your personal information at work and can limit how your employer collects, uses, shares and monitors information about you.
Your privacy at work is not absolute. Employers can collect information they reasonably need to manage the workplace, protect security, investigate misconduct and monitor work activity. But that does not give an employer unlimited access to your private life, medical information or personal communications.
If workplace monitoring or the use of your personal information feels excessive, don’t resign or refuse an instruction before understanding your rights. The legal rules depend partly on where you work, what information is involved and whether your employer is federally regulated.
On This Page:
- 1. What Employee Privacy Rights Protect
- 2. Workplace Monitoring
- 3. Medical and Personal Information
- 4. Privacy Laws Across Canada
- 5. If Your Privacy Is Violated
- 6. FAQs
What Do Employee Privacy Rights Protect?
Employee privacy rights can protect personal information about your health, finances, identity, communications, location and activities at work.
Employers legitimately hold a significant amount of employee information. This can include your address, payroll information, attendance records, performance records, benefits information and medical documentation.
The key question is usually whether the employer has a legitimate reason for collecting or using the information and whether its actions are reasonable in the circumstances.
Can Your Employer Monitor You at Work?
Yes. Employers can monitor employees for legitimate workplace purposes, but workplace monitoring is not automatically unlimited.
Depending on the workplace, monitoring can include:
- Work emails and messages
- Internet and computer activity
- Security cameras
- Login and access records
- GPS on company vehicles or devices
- Productivity-monitoring software
An employer has a stronger reason to monitor activity connected to its own equipment, systems and working time than it does to monitor an employee’s purely personal activities.
Can my employer monitor my work computer or email?
Yes. You should assume activity on a company computer, work email account or employer network can be monitored. Workplace policies can also explain what monitoring employees should expect and how information may be used.
Can my employer track my location?
An employer can use GPS or location tracking for legitimate work-related reasons. Tracking the location of a company vehicle during working hours is very different from continuously monitoring an employee’s personal movements outside work.
Ontario employees can learn more in our guide to electronic monitoring at work.
Can Your Employer Ask for Medical or Personal Information?
Yes, but your employer is not automatically entitled to every detail of your medical history or personal life.
If you are away from work because of illness or need workplace accommodation, your employer can ask for information necessary to understand your restrictions, limitations, expected absence and accommodation needs.
In many situations, the employer needs to know what you can and cannot do at work—not every detail of your diagnosis or treatment.
Medical privacy can also overlap with workplace human rights, particularly when a disability or another protected characteristic is involved.
Can my employer share my medical information?
Sensitive medical information should not be circulated around the workplace without a legitimate reason. A manager may need to know your work restrictions, for example, without your coworkers needing to know your diagnosis.
How Do Employee Privacy Laws Work Across Canada?
Employees have privacy rights across Canada, but the legislation that applies is not identical in every workplace.
For private-sector employees in Alberta and British Columbia, provincial privacy legislation specifically regulates employee personal information. Employers can collect, use or disclose certain employee information without consent when it is reasonably connected to managing the employment relationship, subject to the requirements of the applicable law.
Federally regulated private-sector employers, such as banks, telecommunications companies and many interprovincial transportation businesses, are subject to federal privacy rules governing employee information.
Ontario does not have the same broad private-sector employee privacy legislation. However, Ontario employers with 25 or more employees on January 1 must have a written electronic-monitoring policy that explains whether employees are electronically monitored and, if so, how and why.
The practical point is simple: your province and industry matter, but employers do not have an automatic right to collect or use personal information however they choose.
What Should You Do if Your Privacy Is Violated at Work?
If you believe your employer has violated your privacy, document what happened before taking a major step such as refusing work or resigning.
Keep copies of relevant policies and communications that you are entitled to retain. Make notes about what information was collected, how it was obtained, who received it and what your employer says it was being used for.
If the issue involves monitoring, review the workplace policy. If it involves medical or other sensitive information, ask who has access to it and why.
Privacy issues can also become employment-law issues if the information is used to discipline or fire you. If that happens, don’t assume the employer’s allegation automatically eliminates your rights.
If you are fired, review your severance pay rights and our guide to wrongful dismissal in Canada before signing a release.
If you are considering secretly recording a workplace meeting because of a privacy or employment dispute, read our guide to recording conversations at work in Canada first. A recording can be legal while still creating employment consequences.
Employee Privacy Rights Canada: FAQs
Do employees have a right to privacy at work in Canada?
Yes. Employees can have privacy rights even while using employer property or equipment. The extent of those rights depends on the workplace, the information involved, applicable privacy laws and the reason for the monitoring or collection.
Can my employer look at my personal phone?
Your employer does not automatically have unrestricted access to your personal phone simply because you are an employee. If you use a personal device for work, however, workplace security or bring-your-own-device policies can affect what access or controls apply.
Can monitoring information be used to fire me?
Yes. Information obtained through workplace monitoring can be used in an investigation, discipline or termination. That does not mean every allegation amounts to just cause or allows the employer to deny you severance.
Does my employer have a right to know my diagnosis?
Not automatically. An employer is usually entitled to enough medical information to understand a legitimate absence, your workplace restrictions and any accommodation you require. Whether a diagnosis is necessary depends on the circumstances.
Get Advice About a Workplace Privacy Problem
Workplace privacy disputes can lead to discipline, accommodation problems or termination. If your employer is monitoring you in a way that concerns you, accessing sensitive personal information or using private information against you, understand your options before reacting.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees understand and protect their workplace rights.