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Privacy

"Privacy Topics in Labour Relations"

Lorene A. Novakowski with the assistance of Kelly Duggleby, both of Fasken Martineau DuMoulin LLP in Vancouver, wrote a paper entitled, "Privacy Topics in Labour Relations" for the Labour Relations Conference - 2010 (Continuing Legal Education Society of British Columbia) (June 2010).

The paper addresses the following:

  • Recent Privacy Cases of Interest in Labour Relations

    • Background Checks
    • GPS
    • Video Surveillance on the Picket Line
    • Access Request to Unions
  • Access and Privacy Issues: The White Paper of the Office of the Information and Privacy Commissioner for British Columbia A Guide for Tribunals
  • Charter Values and Surveillance Should Doman Finally be Abandoned

Mandatory reporting of child pornography in Canada

Jurisdiction: - Alberta - Manitoba - Nova Scotia - Ontario

In an April 2009 post, I reported on the pending legislation in Ontario - Bill 37 - which will amend the Child and Family Services Act (Ontario) and imposes a positive obligation on any person in Ontario, including employers and employees, to report child pornography.

An article in the May 3, 2010 edition of the Canadian HR Reporter - which recently landed on my desk - points out that Ontario is just one of four Canadian provinces to take action in this regard. To summarize from the article (and other sources):  read more »

"Employer Rights and Obligations in Connection with Employee Personal Medical Information"

Vancouver labour and employment lawyers Carmen Overholt, Q.C. and Matthew Curtis have written a paper on, "Employer Rights and Obligations in Connection with Employee Personal Medical Information".

The paper was written for the Meeting of the Council of Industrial Relations Executives on June 8 and 9, 2010 in Vancouver, British Columbia with the assistance of David R. Phillips, articled student.

Federal government introduces long awaited amendments to PIPEDA

Jurisdiction: - Canada/Federal

The federal government has finally introduced the long awaited and much needed amendments to PIPEDA, the private sector privacy legislation that applies to federally regulated operations, and also provincially regulated operations in some capacities in all provinces except BC, Alberta and Quebec.

The proposed amendments are in response to the 2007 report that followed the mandatory statutory review of PIPEDA.

Key among the proposed amendments - which were introduced on May 25, 2010 and contained in Bill C29 (An Act to Amend Personal Information Protection and Electronic Documents Act) - are:  read more »

"Disability Management Compliance"

Jurisdiction: - Alberta

Three Calgary lawyers at Gowlings - David Corry, Loretta Bouwmeester and Chris Sabat - have prepared a a 48-page overview of the key legal considerations for employers in "Disability Management Compliance". The Table of Contents is as follows:  read more »

Top 10 Canadian Cases on Workplace Privacy in Unionized Employment

Lancaster House presented an audio-conference last Thursday (May 13, 2010) on the "Top 10 Cases on Workplace Privacy in the Unionized Workplace". The cases covered  - there were more than 10 - were:

 read more »

Pre-employment credit checks conducted by Mark's Work Wearhouse found in breach of Alberta privacy legislation

Jurisdiction: - Alberta

In a decision that came out on February 16, 2010, the Alberta Information and Privacy Commissioner ruled that Mark's Work Wearhouse's practice of conducting pre-employment credit checks on its prospective sales associates breached the Alberta Personal Information Protection Act.

You can read the decision (Investigation Report P2010 IR 001) here. You can read a review of the case (The HR Space: Pre-Hiring Credit Checks Restricted in Alberta, May 4, 2010) by Fasken Martineau here.

Bill 54 amendments to Alberta's Personal Information Protection Act now in force

Topics: - Privacy
Jurisdiction: - Alberta

The Bill 54 amendments to Alberta's Personal Information Protection Act came into force on May 1, 2010.

The impact of the amendments - which are found in the Personal Information Protection Amendment Act, 2009 (S.A. 2009, c.50) and the Personal Information Protection Act Amendment Regulation  - are addressed in three new Information Sheets published by the Alberta government:

  • Information Sheet #11 provides an overview of the legislated process now in place for notification where there has been a security breach in relation to personal information.
  • Information Sheet #12 explains the Act's new provisions for notification and for policies and practices with respect to service providers outside Canada in the context of the Act's existing requirements.

"Pre-Employment Screening: Changes to the Criminal Records Check Process"

"Pre-Employment Screening: Changes to the Criminal Records Check Process" is the title of an article published today by law firm McCarthy Tetrault. The article addresses an Interim Policy Statement that has been issued by the RCMP concerning processes and procedures for criminal records checks. The article can be read here.