Employee Electronic Surveillance in Ontario: What You Need To Know
Publié le 21 October 2022
A new law has taken effect changing the legal rights and obligations when it comes to employee electronic surveillance in Ontario.
Have you ever wondered if your employer is tracking your work? Now is the time to ask. A new law takes effect in the province of Ontario this week, and employers will now have to tell employees if they are being monitored while at work. The knowledge and protection from this law will also benefit remote workers, especially as hybrid and remote working arrangements continue to be popular.
“Today, businesses have more ways than ever before to monitor where their workers are and what they are doing. Whether you are a delivery person being followed by GPS, a construction worker using a company phone, or an office worker logging in from home, you deserve to know if and how you are being tracked. The future of work is changing, which is why our government is leading the country to ensure workers remain in the driver’s seat.”
– Monte McNaughton, Minister of Labour, Training and Skills Development
What Does The New Law Mean?
The new law, under the Working For Workers Act, means that Ontario businesses with more than 25 employees are now legally required to have an official written electronic monitoring policy in place. It must divulge any and all forms of tracking to their employees. This written policy must contain:
- Confirmation whether employees are monitored
- How the electronic monitoring is being conducted
- Under what circumstances it occurs
- The purpose of collecting this data and information
How Many Businesses Monitor Employees?
A recent survey has found that as many as one third of Canadian businesses engage in employee electronic surveillance and monitoring. The same survey found that within the companies perform electronic monitoring, only 37% of employees had signed acknowledgment forms and agreements regarding the practice.
Does This Apply To Remote Workers?
Yes. Under the new law, employers must inform their employees of any electronic monitoring regardless of their working location. If any employee works in the company workplace, in their home office or on the road making deliveries, they have the right to learn of any and all forms of employee electric surveillance being conducted by their employers.
This includes employees working remotely using company equipment. A remote office worker using a company-issued laptop in their home office has the same legal protection against unknown electronic surveillance from their employers.
What is the Working for Workers Act?
The Working For Workers Act is legislation passed by the Ontario provincial government in the fall of 2021. It brought into law several policies designed to help workers in the province as they adjust to new working arrangements during the COVID-19 pandemic.
One of the most popular aspects of the Act was that it made it illegal for companies to have no official policy about work-related communications after working hours. Based in the “right to disconnect,” it meant that employers now had to have official rules about emails, phone calls and text communications to employees after their working hours have concluded for the day. By reducing the number of after-hours tasks, it’s hoped that it will help employees who are experiencing the very real and serious effects of burnout as a result of working too much.
The new legislation about employee tracking has been introduced as an additional part of the Working For Working Act, as professionals continue to adjust to changed work practices in the wake of the pandemic.
Can Your Employer Still Legally Track You?
Yes. This new legislation does not outlaw the practice of employers electronically surveilling employees. As long as employees are informed about all electronic monitoring via a written policy that complies with the parameters of this new law, it is legal for employers to surveil, monitor track employees while at work. Under the new bill, companies with fewer than 25 employees are not required to have such a policy in place, meaning that uninformed electronic surveillance and tracking can still occur.
How Can My Employer Electronically Surveil Me?
There are multiple different methods for the electronic surveillance of employees. Some of the more common include tracking:
- Keyboard and mouse use through keylogger software
- Written forms of communication such as emails and texts
- Websites accessed and data inputted
- Computer screen access through screenshots
- Location and movement data through GPS
Under the new law, employees are entitled to know which methods of electronic surveillance and monitoring are being used on all work devices, either in the workplace or remotely.
Can I Prevent My Employer From Tracking My Work?
No, as long it is clearly part of the employment contract signed by new employees. With a written policy in place that informs all employees of electronic surveillance and tracking occurring during working hours, the practice is legally allowed to continue under this new bill, despite the unpopularity of the practice with workers.
More Information for Workers
A new law ensures that workers in Ontario have the right to know about all electronic surveillance and monitoring being performed by their employers. As everyone continues to adjust to new forms of working arrangements, including remote and hybrid job roles, it’s important the legal protection continues to evolve and adapt. By ensuring that information about employee electronic surveillance in Ontario is accessible, it will hopefully provide increased protection and security for workers and employers alike.
PLEASE NOTE: The article is for information purposes only and does not constitute legal advice. For all legal questions, please consult a qualified and licensed professional.
