In Canada, three overlapping regimes govern privacy rights in the workplace: privacy law, labour law and employment law. Employee privacy is generally the subject of provincial law (if any), except in the case of federal works and undertakings. As a result, privacy rights and obligations can vary by jurisdiction. In this session, you will learn the basics of privacy law in the workplace, including: – a review of applicable privacy legislation – a review of privacy torts – an overview of consent and what employers can do without consent – a review of privacy principles in employee surveillance – a discussion of privacy tips and traps for employers regarding social media background checks – a discussion of some of the challenges faced by employers – an overview of Bill C-11, the Digital Charter Implementation Act – an overview of steps to take in responding to a privacy breach – commentary regarding privacy in the remote workplace – and more.

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