Clocking In And Opting Out: Quebec CAI Issues Warning About Biometric Time Clocks In The Workplace

On March 27, 2023, Québec's privacy regulator, the Commission d'accès à l'information (the "CAI") published its observations (available in French only at this time) on the increasing trend among organizations to use biometric time clocks to monitor and manage employee hours and payroll. The CAI highlights that, in most cases, organizations' use of biometric time clocks does not comply with applicable privacy legislation.

Biometric time clocks are devices used to identify employees and track their work hours using an employee's biometric information, such as fingerprint, palm, facial or iris scan. Biometric scans are generally considered by employers to be quick and reliable means for tracking employees. Unlike access cards or entry codes, an employee's biometric information cannot be borrowed and swiped by other employees, nor can it be forgotten or misplaced. However, since biometric data is "distinctive, unlikely to vary over time, difficult to change and largely