Privacy Limits On Employee Background Checks In Ontario

Ontario Privacy Law Overview

Despite growing concerns about privacy protection, the Ontario government has generally taken a limited approach to employee privacy legislation. While the Personal Information Protection and Electronic Documents Act (PIPEDA) governs personal information held by provincially-regulated private sector organizations when it is collected, used or disclosed in the course of commercial activities, it does not apply to employee information. Currently in Ontario, only employee information collected in connection with a federal work, undertaking or business is regulated under PIPEDA.¹ There are some common law torts which may provide employees with a right to make claims in relation some breaches of privacy that occur in the course of employment.