Supreme Court of Canada: expectation of privacy on workplace computers

The Supreme Court of Canada has affirmed employer rights to assert control over employee computer use, but with qualifications.

Some employer-friendly principles are stated in today’s decision of R. v. Cole. They have to be untangled from the criminal law and Charter of Rights context and understood in light of the Court’s statement “I leave for another day the finer points of an employer’s right to monitor computers issued to employees”. But there is help here for employers trying to understand what they must do to ensure proper use and control over computer resources provided to employees.

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