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Privacy

CIRB reviews scope of union's entitlement to employee contact information

Jurisdiction: - Canada/Federal

The Canada Industrial Relations Board ("CIRB") has recently ruled that:  read more »

Committee of MLAs recommends changes to BC's Personal Information Protection Act

Jurisdiction: - British Columbia

BC's Personal Information Protection Act (PIPA), which came into force on January 1, 2004, includes a provision (s. 59) requiring a special committee of the Legislative Assembly to conduct a comprehensive review within three years of the in-force date and to submit a report.

In April 2007, the all-party Special Committee to Review the Personal Information Protection Act was appointed to conduct the review.

The Committee issued its report today. It contains 31 recommendations concerning the Act, four of which are of particular interest to employers.

Accountability for Cross-border Data Flows

The concern here was as expressed as follows:  read more »

"Drug Testing Policies – Developments from the Oil Patch"

Jurisdiction: - Alberta - Quebec
Sector: - Oil & Gas

The labour and employment lawyers at Bull Housser & Tupper in Vancouver have written a newsletter article on "Drug Testing Policies – Developments from the Oil Patch" (February 2008). The article reviews recent decisions of the Alberta Court of Appeal and the Quebec Court of Appeal.

"Canadian Labour, Employment and Privacy Considerations in Business Transactions"

Brian J. Thiessen wrote a paper entitled, "Canadian Labour, Employment and Privacy Considerations in Business Transactions" for the Western Canadian Forum on Employment Law, Canadian Institute, held in Calgary, Alberta, February 12-13, 2008.Mr. Thiessen is a lawyer with Blakes in Calgary.

Former employer/prospective employer complied with PIPA in relation to information disclosed during reference check

Jurisdiction: - Alberta

In Orders P2006-006 and P2006-007, the Alberta Privacy Commissioner ruled that the former employer and the prospective employer had complied with the Alberta Personal Information Protection Act in relation to information disclosed during a reference check.

"Critical Issues in the Hiring Process"

"Critical Issues in the Hiring Process" (December 1, 2007)  is the title of a paper written by two lawyers at Blaney McMurtry LLP on Ontario, Elizabeth Forster and Goli Garakani.

Ontario Privacy Commissioner offers advice on minimizing risks to employment prospects because of online profile

Jurisdiction: - Ontario

"Reference Check: Is Your Boss Watching? Privacy and Your Facebook Profile", is the title of a paper published last month by Ann Cavoukian, the Ontario Information and Privacy Commissioner.

The Commissioner offers advice to indivduals on mitigating and minimizing risks to their employment prospects because of their online profiles on sites like Facebook, MySpace, LinkedIn and Friendster. The paper can be found here.

Report on PIPEDA issued by "Standing Committee on Access to Information, Privacy and Ethics"

Topics: - PIPEDA - Privacy
Jurisdiction: - Alberta - Canada/Federal - Quebec

The federal Standing Committee on Access to Information, Privacy and Ethics has issued its report/recommendations on PIPEDA for the statutory review process.

The summary of the report provides, in part:

This report does not advocate dramatic changes to PIPEDA at this time. Given that the full implementation of the Act did not come about until January 2004 (see Overview of the Act, below), the Committee is cognizant of the fact that not every aspect of its implementation has yet been fully realized. Thus, even though we heard arguments on numerous issues, we have addressed only those where we decided that comments are warranted at this time.  read more »