Canada Employee Privacy Compliance Toolkit | Practical Law

Canada Employee Privacy Compliance Toolkit | Practical Law

Resources to assist counsel in preparing for and responding to privacy issues arising under Canadian law in the workplace. This Toolkit includes resources that address protecting employee personal information and privacy concerns relating to employee monitoring, social media use, background checks, and investigations.

Canada Employee Privacy Compliance Toolkit

Practical Law Toolkit w-036-2210 (Approx. 5 pages)

Canada Employee Privacy Compliance Toolkit

by Practical Law Data Privacy & Cybersecurity
MaintainedCanada (Common Law)
Resources to assist counsel in preparing for and responding to privacy issues arising under Canadian law in the workplace. This Toolkit includes resources that address protecting employee personal information and privacy concerns relating to employee monitoring, social media use, background checks, and investigations.
Employers collect, use, disclose, and maintain significant amounts of personal information about their employees as part of the employment relationship, for example:
  • Health and medical information.
  • Financial information.
  • Location and movements.
  • Images, voice recordings, fingerprints, and similar identifiers.
  • Employment history and terms of employment.
  • Internet activity.
  • Education history.
  • Background check or drug testing information.
Companies must pay close attention to Canadian privacy and data security laws governing the collection, use, transfer, and disposal of these different personal information types. No single law regulates employee privacy rights and obligations in Canada. Comprehensive privacy laws that protect personal information and other federal and provincial statutes apply to employee information and employers' privacy requirements. Applicable laws depend on the jurisdiction and industry, and whether the employer is a public- or private-sector entity. Depending on the jurisdiction of employment and the characteristics of the workplace, an employee may enjoy greater or lesser privacy protections.
This Toolkit provides resources designed to help counsel understand best practices for employee personal information management. It also includes resources to help counsel establish and manage a company's privacy compliance program for employee personal information in a manner consistent with Canadian law. Compliance with other jurisdictions' requirements is outside the scope of this Toolkit.