Question: Recently, I heard that my store manager has installed security cameras and has been constantly watching them all day. Whenever she sees something she doesn’t like, she immediately calls up her supervisors. Is this even legal?
Answer:
Canadian law has clearly articulated the principle that employees are entitled to a degree of privacy even at the workplace. Employers simply do not have unfettered discretion on when or how to monitor employees. However, an employee’s expectation of privacy is by no means absolute.
Your employer is entitled to install security cameras provided the surveillance is reasonable and appropriate. Your employer should be able to demonstrate that there is a legitimate operational need for the cameras. The classic example of this would be installing cameras for security purposes. It makes perfect sense that employers can install cameras to record potential thefts or to ensure employee safety.
However, employers should not be installing video surveillance for purposes of managing employee productivity. There have been situations where cameras are installed to make sure employees are not wasting company time; this would not be considered a legitimate purpose and could be an invasion of privacy. Cameras also cannot be placed in sensitive areas such as washrooms or change-rooms. Best practice for all employers utilizing video surveillance is to inform employees about the surveillance and have a written policy outlining the recording process.
So if the video cameras are installed in non-sensitive areas and the employer has a legitimate basis for recording, then they are likely justified.