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Workplace Privacy Today and Tomorrow: What's on the horizon for privacy law?

Thursday, March 11, 2021, 12:30 pm - 2:00 pm EST



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Moderators


Jon Chapnick

Lawyer/Workplace Consultant
Portage Legal Services
Anne Gregory

Legal Counsel
Manitoba Nurses Union

Speakers


Avner Levin

Professor
Faculty of Law and Law & Business Department

Ted Rogers School of Management, Ryerson University
Rachel Roy

Union Counsel
Allevato Quail & Roy
Jill Wilkie

Employer Counsel
Miller Thomson LLP

Issues

The federal government recently introduced the Digital Charter Implementation Act, 2020, which contains the most ambitious changes to Canada's privacy law in decades. In Ontario, the provincial government has taken steps toward creating a private sector privacy statute.

In this session, some of Canada's foremost privacy law experts will review the current state of Canadian workplace privacy law, both federal and provincial, and will discuss whether currently proposed changes adequately regulate the increased use of emerging technologies in the employment context, especially during pandemic and post-pandemic periods. Questions to be addressed include the following:

  • What laws currently govern employer collection and use of personal employee information?
  • How does distinguishing "employee personal information" from other types of "personal information," as done in Alberta's and British Columbia's private sector privacy statutes, affect workplace privacy rights?
  • How is Ontario's proposed private sector privacy legislation likely to affect Ontario employers' management of employment relationships?
  • Do proposed changes to federal privacy law adequately address the criticism that existing privacy statutes, with their emphasis on notice and consent, are inadequate to deal with the reality of mass data collection and analysis?
  • How, if at all, are federal legislative changes aimed at ensuring that consent to the collection and use of personal information is more informed and meaningful likely to affect federally regulated employment relationships?
  • As data collection, sharing, and analysis become easier, is a more pronounced move toward a "rights-based" approach to privacy, as advocated by Canada's Privacy Commissioner in his 2018–2019 Annual Report, necessary to address the concern that employees may increasingly be subjected to "unjustified surveillance" by employers?
  • Are provisions in the Digital Charter Implementation Act requiring any organization that uses automated decision processes to explain how the automated decision system makes its decisions adequate to address union and worker concerns about algorithmic management?
  • Do any of the currently proposed amendments to federal or provincial privacy laws address surveillance practices related to working from home, such as monitoring employees through "always on" digital cameras or using software to track active time on various applications?

Accreditation

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.

AUDIO FILES
Webinar video and MP3 files are available for $265. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.

The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

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