Ontario Court Decision Affirms Need For Express Technology Use Policy

It has been widely reported that the Ontario Court of Appeal in R. v. Cole (2011 ONCA 218) ruled that employees have a reasonable expectation of privacy in the personal use of a work laptop. Some commentators are reporting that now, in Ontario, this decision has the effect of prohibiting employers from monitoring employees through the use of technology, even if the employer owns the computers. In fact, to the contrary, the decision makes it clear that employers who articulate and implement clear policies and procedures addressing the use of the employer's electronic communications systems and equipment are able to control and monitor how their equipment and systems are used.

Employers may wish to monitor use of electronic systems for a variety of reasons, such as to assess productivity, to ensure employees are not breaching confidentiality obligations, or to confirm that intellectual property belonging to others is not being misused. Additionally, in Ontario following