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Privacy

California passes legislation prohibiting employers from demanding access to personal social media accounts

Jurisdiction: - United States

California has passed legislation prohibiting employers from demanding access to employees' and job applicants' personal social media accounts. The text of the September 27, 2012 press release from the Govenor's office is as follows:

Governor Brown Signs Laws to Protect Privacy for Social Media Users

Governor Edmund G. Brown Jr. today took to Twitter, Facebook, Google+, LinkedIn and MySpace to announce that he has signed two bills that increase privacy protections for social media users in California.

Assembly Bill 1844 (Campos) and Senate Bill 1349 (Yee) prohibit universities and employers from requiring that applicants give up their email or social media account passwords.

"The Golden State is pioneering the social media revolution and these laws will protect all Californians from unwarranted invasions of their personal social media accounts," said Governor Brown.  read more »

Alberta Privacy Commissioner will seek leave to appeal in case where ABCA found PIPA breached Charter

Jurisdiction: - Alberta

The Alberta Information and Privacy Commissioner's office issued the following news release yesterday, concerning the Alberta Court of Appeal's decision in United Food and Commercial Workers, Local 401 v. Alberta (Attorney General), 2012 ABCA 130, which found the Alberta privacy sector privacy legislation, PIPA, to be unconstitutional:

Information and Privacy Commissioner Jill Clayton will apply to the Supreme Court of Canada for leave to appeal the recent decision of the Alberta Court of Appeal in United Food and Commercial Workers, Local 401 v. Alberta (Attorney General), 2012 ABCA 130.  read more »

Ontario court urges "business transaction" exemption be added to PIPEDA, grants order for disclosure

Jurisdiction: - Canada/Federal - Ontario

In the Matter of an Application Under Rules 14.05(3)(d), 2012 ONSC 2530, a decision issued on April 26, 2012, the Ontario Superior Court of Justice granted an order allowing the vendor financial institution to disclose personal information to the purchaser, pursuant to an asset purchase transaction.

In doing so, the court urged, effectively, for the implementation of "business transaction" provisions such as those found in the BC and Alberta PIPAs, stating:

It is evident from this long list of cases that Farley J. was prescient in suggesting that "this type of situation should be addressed to avoid unnecessary court applications."  I join Farley J. in urging that a route be provided that will permit the disclosure of the necessary personal information in such circumstances as these to avoid wasting the court's time and the parties' funds (at para. 12).  read more »

"10 Tips to Deal with Employee Discipline for Social Media Use"

Jack Graham and Lana Rafuse at McInnes Cooper have written a legal update for the law firm's newsletter titled, "10 Tips to Deal with Employee Discipline for Social Media Use" (March 1, 2012).

The tips are designed to assist employers in "drawing the line" on social media use and thus be in a position to discipline employees who go over the line. Taken directly from the article, their tips are:  read more »

Canadian Association of Counsel to Employers posts factum in SCC case concerning privacy, work computers

The Canadian Association of Counsel to Employers (CACE) is an association of management-side labour and employment lawyers across Canada that was created in 2004.

In  a news release issued today, it announced it is intervening before the Supreme Court of Canada in the R v. Cole case. The release states as folllows:

In a case involving a teacher and nude sexually explicitly images of a grade 10 student, the Canadian Association of Counsel to Employers (CACE) has intervened before the Supreme Court on the case, R. v. Cole, on the issue of privacy and work computers.  read more »

Calgary Police Service breach privacy statute by accessing employee's personal email account, using photos

Jurisdiction: - Alberta

Here is April 30, 2012 news release that was issued by the Alberta Office of the Information and Privacy Commissioner in relation to Order F2012-07, which was issued on April 20, 2012:

Calgary Police Service in contravention of Freedom of Information and Protection of Privacy Act

An Adjudicator with the Office of the Information and Privacy Commissioner has determined that the Calgary Police Service was in violation of the Freedom of Information and Protection of Privacy Act (FOIP) when it accessed the personal email account of an individual.  read more »