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ARTICLE · 17 JANUARY 2014

Alberta Employer Slapped For Reviewing Former Employee's Web-Based Email

Stikeman Elliott LLP
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Recently, the Office of the Information and Privacy Commissioner (Alberta) issued an Order in which it sanctioned an employer, Moore’s Industrial Service Ltd. (Moore’s), for improperly accessing the personal web-based email account of one of its former employees, contrary to the Personal Information Protection Act (PIPA).

CanadaEmployment and HR
Gary Clarke
Gary Clarke
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Recently, the Office of the Information and Privacy Commissioner (Alberta) issued an Order in which it sanctioned an employer, Moore's Industrial Service Ltd. (Moore's), for improperly accessing the personal web-based email account of one of its former employees, contrary to the Personal Information Protection Act (PIPA).

Background

The complainant, a former employee of Moore's, returned a company-issued laptop computer upon his retirement.   He mistakenly believed that he had "wiped" its hard drive before doing so.  Moore's was then able to access his personal web-based email account as both his login and password remained available on the computer.  The complainant eventually noticed that emails from this account were being forwarded to Moore's CEO and he concluded that Moore's had hacked into his email account.   Personal information of others was accessed, but the Adjudicator confined her review to the complainant's situation, noting that others were free to

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