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ARTICLE · 20 NOVEMBER 2012

Is There Privacy For Workplace Computers?

Gowling WLG
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Gowlings partner Duncan Boswell discusses the recent Supreme Court of Canada decision in R. v. Cole, which reaffirmed that employees are entitled to a reasonable expectation of privacy with regard to workplace computers.

CanadaEmployment and HR

Previously published in Law Times, 5 November, 2012.

In his classic novel 1984, George Orwell imagined a world where Big Brother was always watching. Whether it be on the street or in your own home, the government was being constantly vigilant in monitoring the activities of all of its citizens. It was a frightening and sober commentary on the potential reach of new technologies.

In many ways, Orwell's vision has become reality. The interconnectivity of the digital era not only allows each and every one of us access to the world's libraries but also to view satellite images of anywhere on Earth.

In this day of information overload and social media, is there any room remaining for privacy? The Supreme Court of Canada, in its recent decision in R. v. Cole, has reaffirmed that there is.

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