Hybrid or remote work arrangements become increasingly common, bringing with it benefits such as more flexible work schedules for workers, and a wider potential talent pool and decreased overhead for employers. Meanwhile, organisations may have concerns about how to protect sensitive or proprietary information and ensure their policies are being followed in a hybrid workplace, and take steps to further these objectives. As companies adapt to this relatively new model of work, it is important for employers to know how to implement policies and procedures respectfully and lawfully, just as it is for employees to understand their privacy rights in the workplace.
Privacy legislation in BC
In BC, the law that applies to your workplace varies depending on what type of organization you or your employer are:
- Personal Information Protection Act (PIPA): Applies to private sector employers in BC.
- Personal Information Protection and Electronic Documents Act (PIPEDA): Applies to federally-regulated employers (e.g. banking, aviation).
- Freedom of Information and Protection of Privacy Act: Applies to BC government employers.
- Privacy Act: Applies to federal government employers.
Depending on what law applies to your workplace, employers have different responsibilities in relation to privacy in the workplace, including but not limited to developing and implementing privacy policies.
Monitoring the remote workplace
Monitoring a physical workplace appears more straightforward, from security cameras and badge systems to a supervisor dropping by their report’s workstation to check in on their progress. But how does one monitor a remote workplace? Can an employer track program or app use on devices used for work? Must employees keep their webcam on at all times during work hours?
Reasonable methods of monitoring work will vary depending on the context and the purpose it is trying to achieve. While it might be tempting to roll out robust remote monitoring policies to make sure that all potential concerns are covered, employers should consider whether less intrusive measures would be sufficient. Otherwise, they run the risk of having their method of monitoring found to be more invasive than necessary.
Generally, employers should give employees advance notice of monitoring and inform them of the purpose for the monitoring. Employees should stay up-to-date on policies in their workplace to ensure that they are following the requirements of their workplace and to protect not only their employer’s information, but also their own.
Protecting privacy in the workplace
Remote work is changing how we think about privacy. In the digital age, employers and employees both play a role in ensuring that privacy in the workplace is maintained. Understanding your rights and responsibilities can not only make you feel more secure, but also know how to mitigate against risks or take action when there is a breach.
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