LAW 529 Study Guide - Final Guide: Personal Information Protection And Electronic Documents Act, The Employer, Determinative
26 Dec 2017
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The employer installed video cameras in its rail yards to reduce theft and vandalism. Employee filed a complaint with the privacy commissioner on basis that surveillance collected personal information without consent. Commissioner held for ee : employer failed to show that surveillance is reasonable, necessary to meet a specific need and is likely to be effective in meeting that need. It also failed to show that privacy loss is proportionate to benefit gained and that there is no less privacy-invasive alternative. Federal court found for er : collection was reasonable because: The actual test that can be used for all situations is below: employees had low expectation of privacy in rail yards; 4. tapes reviewed only post-incident; otherwise they were destroyed; s. 7 exception (investigation) applied. Recent amendments to pipeda to remove the requirement to obtain consent the analysis will now focus on reasonableness.
