Workplace privacy: how far can your employer go?

Can employers search the content of your workplace computer, tablet or smartphone? What if you store personal information on it? Can they go so far as to search  your personal devices? And what if you are dismissed, and HR takes your smartphone back with all of your contacts and personal photos on it?

In the modern workplace, the lines between personal and professional are often blurred. People store photos of their kids on their company smartphones, and log in to their work network on their home computer. Issues arise when an employer suspects that an employee is engaged in misconduct and wants to access their devices. What are the employee’s rights? Do privacy rights trump an employer’s right to manage its workforce?

Stuart was recently interviewed by Rubina Ahmed-Haque for CBC Radio, where he commented on these issues and more.

Stuart Rudner

I am the founder of Rudner Law. In 2016, 2017, 2018, 2019 and 2020, I was selected by my peers for inclusion in ‘The Best Lawyers in Canada’ in the area of Employment Law and have been repeatedly named in Canadian HR Reporter’s Employment Lawyers Directory (a comprehensive directory of the top employment law and immigration law practitioners in Canada), and was also named one of Canada’s top Legal Social Media Influencers.