In R. v. Bykovets, released on March 1, 2024, the majority of the Supreme Court of Canada (Court) found that individuals have a privacy interest in their internet protocol (IP) addresses. The issue arose in the context of the Court’s consideration as to whether police had breached section 8 of the Canadian Charter of Rights…
Tag: Reasonable Expectation of Privacy
2014 Summer Edition
Focus on Information Management and Privacy Information and privacy – the HR sphere and beyond Legal Developments A diminished expectation: computer use policies and privacy in the post- world New policy sheds light on gender discrimination prevention People Privacy, please Download PDF
Privacy Rights vs. Union’s Duty to Represent its Membership: The Bernard Case Concludes
The Supreme Court of Canada dismissed the appeal in Bernard v. Canada (Attorney General), thus ending the “legal odyssey” of an employee who did not want her personal information disclosed to the unions which she declined to join during her years of employment with the federal government, but to which she was mandatorily obligated to…
Frank Cesario Quoted in Law Times
Hicks Morley’s Frank Cesario was quoted in the January 21, 2013 edition of Law Times magazine in an article entitled “Cole prompts vigorous debate on privacy at work”. The Supreme Court of Canada’s recent decision in R v. Cole suggests that employees do retain some reasonable expectation of privacy in personal data stored on employer-owned…
Supreme Court of Canada Discusses the Reasonable Expectation of Privacy in Workplace Computer
The Supreme Court of Canada has issued a significant decision regarding workplace privacy. In R. v. Cole, it unanimously held that employees have a diminished, but reasonable, expectation of privacy in personal information stored on an employer-issued computer. Employers may continue to access information stored on their work systems for their legitimate purposes, though they…
Supreme Court of Canada Renders Decision on Reasonable Expectation of Privacy in Workplace Computer
The Supreme Court of Canada rendered R. v. Cole in which it unanimously held that employees have a diminished but reasonable expectation of privacy in the use of their workplace computers. This case involved a warrantless police search of the accused’s workplace computer, which contained materials alleged to be child pornography. That evidence was excluded…
The Reasonable Expectation of Privacy: Where Does it End?
Privacy is an expanding area of law, and it has particular impact on employers. In a recent decision outside of the employment context – R v. Ward – the Court of Appeal for Ontario speaks to the scope of an individual’s reasonable expectation of privacy. The decision in Ward highlights two points of importance to…
Ten Questions and Answers about Computer Use Policies
It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…
How the New Privacy Tort Will Affect Employers
On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…
School Board Update – Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure
One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…