Supreme Court Recognizes Employee Privacy In Workplace Computers

Article by Brian Thiessen, Andrea York and Skye Friesen (Student-at-Law)

The prevalence of computers in the workplace and employees' increased use of them gives rise to questions about the existence of privacy rights in materials stored, accessed or transmitted using employer-owned hardware and network systems. In tension with assertions of privacy, employers claim that the misuse of workplace computers to view or send inappropriate, illegal or even merely distracting material interferes with their duty to provide a safe and productive workplace, and with their right to protect the integrity of their business operations. These concerns have led to the implementation of a range of monitoring measures targeting employee email and Internet activities.