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March 29 2016

Privacy and the workplace

Privacy in the workplace is an evolving area of the law.
Currently, the question of whether an employer is subject to privacy laws is largely dependent on the province or jurisdiction in which it operates. However, many employers find that it makes good business sense to establish privacy policies that establish rules and expectations for employees and managers to follow. These policies can assist in finding the balance between the employer's "need to know" and an employee's right to privacy.
There are presently four jurisdictions that have privacy laws that apply to employers in the private sector. Employers in the following jurisdictions should ensure that their operations are in compliance with the applicable law:

Federal: The Personal Information Protection and Electronic Documents Act (PIPEDA)

Alberta: The Personal Information Protection Act (Alberta PIPA)

British Columbia: The Personal Information Protection Act (BC PIPA)

Quebec: An Act respecting the protection of personal information in the privacy sector
(Quebec Private Sector Act)