Class 20 - HR & Technology

Question 1

Future of Work

Answer 1

Technology will impact work in a myriad of ways, from # of jobs, substance of work, selection of employees, methods of work oversight, and predictive capabilites related to human capital

Question 2

Privacy: Legal Framework

4 main statues

Answer 2

Personal Information Protection and Electronic Documents Act (FED)

Freedom of Information and Protection of Privacy Act (ON)

Municipal Freedom of Information and Protection of Privacy Act (ON)

Personal Health Information Protection Act (ON)

Question 3

Reasonable Expectation of Privacy

Answer 3

Right to privacy exists where there is a reasonable expectation of privacy

Examples

• Reasonable expectation in one’s home
• No reasonable expectation in Goodes Hall atrium
• May be some reasonable expectation on employer-owned devices…

Question 4

Work-Related Privacy Concerns

Answer 4

1. Monitoring equipment, recordings that convey employee information
2. Monitoring of employee actions and behaviours at work
3. Collection, access to, and use of worker information and personnel files
4. Testing and evaluation of employees and use of results
5. Off-duty monitoring of employees

Question 5

Ways to Monitor employees

Answer 5

Email content, voicemails, files, computer usage

Internet connections, keystrokes, networks, email connection

Video surveillance, webcams

Tracking devices (GPS, smartphone, badges)

Biometrics (eyes, fingerprints, hand, palm, voice, face recognition)

Question 6

Wearables can collect

Answer 6

• employee information
• work product information
• personal identification information

Question 7

Balancing of Privacy and Monitoring

> Federal Privacy Commissioner’s four-part test:

Answer 7

1. Is measure DEMONSTRABLY NECESSARY to meet a specific need?
2. Is the loss of privacy PROPORTIONAL to the benefit gained?
3. Is it likely to be EFFECTIVE in meeting the need?
4. Is there ANOTHER WAY of achieving this benefit that involves less invasion of privacy

Question 8

10 Privacy Principles

“to take CISC you are either Crazy Or Love Absolutely Abhorrent Academics”

Answer 8

• Consent
• Identify purpose
• Safeguards and security
• Collection limitation
• Compliance
• Openness
• Limit use, retention, disclosure
• Access
• Accuracy
• Accountability

Question 9

Approaches to Employee Surveillance

Answer 9

Relevancy Approach
> Based on the notion there is no right to privacy for private sector employees
> Surveillance evidence is admissible in decision-making if its relevant

Reasonableness Approach
> Based on notion there is a (limited) right to privacy
> Surveillance evidence must pass 2 tests to be admissible:
1. Do circumstances justify surveillance?
2. Was the manner of surveillance reasonable?