Workplace Privacy Presentation

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Presentation created for a Human Resources Course at the University of Western Ontario.

Presentation created for a Human Resources Course at the University of Western Ontario.

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  • 1. Workplace Privacy
  • 2. Brief Outline
    • Introduction and Context
    • Legislation: Federal, Provincial
    • Two Case Studies
    • Electronic Privacy—Does it Exist?
    • The Scary Truth About Big Brother
    • When to Reveal Your Secrets
  • 3. Privacy Exercise
    • Turn to your neighbour and tell them something privately…
  • 4. Context of Discussion
    • Ontario Public Libraries
    • Remember—this is very different in the USA!
  • 5. Canadian Charter of Rights and Freedoms
    • 2.Everyone has the following fundamental freedoms:
    • freedom of conscience and religion;
    • freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
    • freedom of peaceful assembly;
    • freedom of association
    Department of Justice Canada. (1982). Canadian Charter of Rights and Freedoms. Retrieved February 22, 2008 from http://laws.justice.gc.ca/en/charter/#libertes
  • 6. Privacy Legislation
    • Map of Privacy Legislation in Canada
  • 7. Freedom of Information and Protection of Privacy Act (FIPPA)
    • FIPPA applies to Ontario’s provincial ministries and most provincial agencies, boards, and commissions, as well as community colleges, universities and Local Health Integration Networks (LHINs).
    • FIPPA requires that the government protect the privacy of an individual’s personal information existing in government records.
    • It gives individuals the right to request access to government information, including general records and records containing their own personal information.
    Information & Privacy Commissioner/Ontario. (2007). A mini guide to the Freedom of Information and Protection of Privacy Act. Retrieved February 22, 2008, from http://www.ipc.on.ca/images/Resources/up-1mini_p_e.pdf.
  • 8. Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
    • Applies to municipalities , local boards, agencies, and commissions
    • This may include information held by a school board, board of health, public utility, police commission, or PUBLIC LIBRARY BOARDS!!!!!
    • Requires that local government organizations protect the privacy of an individual’s personal information existing in government records
    • Gives individuals the right to request access to municipal government information, including most general records and records containing their own personal information
    Information & Privacy Commissioner/Ontario. (1998). A mini guide to the Municipal Freedom of Information and Protection of Privacy Act. Retrieved February 22, 2008, from http://www.ipc.on.ca/images/Resources/up-mini_m_e.pdf.
  • 9. Privacy Protection
    • FIPPA & MFIPPA create a privacy protection scheme which the government must follow to protect an individual’s right to privacy
    • This includes rules regarding the collection, retention, use, disclosure, and disposal of personal information in its custody or control
    • Under FIPPA and MFIPPA, personal information means recorded information about an individual
    • This may include the individual’s name, address, sex, age, education, medical, or employment history—and any other
    • information about the individual
    Information & Privacy Commissioner/Ontario. (2006). Your privacy rights. Retrieved February 22, 2008, from http://www.ipc.on.ca/index.asp?navid=12.
  • 10. Privacy Decision Tree Turnbull, I. J. (Ed.) (2004). Privacy in the workplace: The employment perspective. Toronto: CCH Canadian.
  • 11. CSA Model Code— 10 Privacy Principles
    • Accountability
    • Identifying Purposes
    • Consent
    • Limiting Collection
    • Limiting Use, Disclosure, and Retention
    • Accuracy
    • Safeguards
    • Openness
    • Individual Access
    • Challenging Compliance
  • 12. Privacy and Libraries
    • Ontario Public Libraries Act
    • Contains few specific references to privacy issues (MFIPPA cited twice)
    • Canadian Library Association (CLA)
    • Code of Ethics
    • Members of the CLA have the individual
    • & collective responsibility to “protect
    • the privacy and dignity of library
    • users and staff”
    Government of Ontario. (1990). The public libraries act. Retrieved February 26, 2008, from http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p44_e.htm.
  • 13. Case Studies
    • Small and Rural:
    • the County of Brant Public Library
    • Big and Urban:
    • the Toronto Public Library
  • 14. County of Brant Public Library Privacy Policies
    • Policy adheres to the Municipal Freedom of Information and Protection of Privacy Act
    • States that every employee has the right to access his or her own information
    • States that “no document is to be removed from an employee’s file or be photocopied without approval of the librarian”
    • Also specifies that “reasonable measures”
    • must be put in place to prevent un-
    • authorized access to employee records
    County of Brant Public Library Personnel Policy. Rev. September 20, 2005.
  • 15. Toronto Public Library Privacy Policies
    • Written policy covers collection, use, disclosure of staff information per MFIPPA
    • States information will be retained for 7 years after retirement or resignation
    • Staff members have the right to view their records upon request
    • TPL policy does not outline its
    • responsibility to protect its employees’
    • privacy
    • Has separate policy on use of video
    • surveillance
    Toronto Public Library Access to Information and Protection of Privacy Policy. Rev. March 26, 2007
  • 16. Current Issues
    • Electronic privacy—does it exist?
    • Types of electronic surveillance
    • The dangers of Web 2.0
  • 17. Big Brother is Watching You
    • According to a 2005 American Management Association survey of employers:
    • 76 percent monitor workers' website connections
    • 55 percent retain and review email messages
    • 51 percent of employers monitor employee telephone use (including tracking the amount of time spent on the phone as well as the specific numbers called)
    • Testing workers for drug use has become
    • “ routine”
    Pfeffer, J. (2006). It's time to start trusting the workforce. Business 2.0 Magazine 7 (11).
  • 18. Big Brother is Monitoring…
    • Email
    • Website Activity
    • IM Chat
    • Telephones
    • Surveillance Cameras
    • Your Body
  • 19. Social Networking
    • Privacy of Social Networks
  • 20. Web 2. Uh-Oh
    • Facebook & MySpace—the employer’s new fact-checkers
    • 77% of executive recruiters used web search engines to research candidates
    • 35% said they had ruled candidates out of the running on that basis
    • Check out the Information & Privacy Commissioner’s
    • tipsheet on How to Protect Facebook Privacy
    • (find the link in the Resources we posted
    • on the LIS 671 Sharepoint site)
    Information & Privacy Commissioner/Ontario. (2006). Reference check: Is your boss watching? Privacy and your Facebook profile. Retrieved February 22, 2008, from http://www.ipc.on.ca.
  • 21. Personal Searches
    • An employer may have an implied right to conduct searches (i.e., through a collective agreement, or by condition of employment by virtue of past practice)
    • A search can only be justified where the employer has a “real and substantial” suspicion of wrongdoing or pursuant
    • to a clear provision in a collective
    • agreement
    Klein, K. & Gates, V. (2005). Privacy in employment: Control of personal information in the workplace. Toronto: Thomson Carswell.
  • 22. Effect on Employees
    • Constant employee monitoring (e.g., of email) may lead to employee psychological and physical health problems, increased boredom, high tension, extreme anxiety, depression, anger, severe fatigue, and musculoskeletal problems
    • Since 2004, turnover due to low morale has increased: turnover of executives, salespeople, and production employees has nearly
    • doubled, while turnover of professional
    • and technical personnel has jumped
    • about 70 percent
    Klein, K. & Gates, V. (2005). Privacy in employment: Control of personal information in the workplace. Toronto: Tomson Carswell. Pfeffer, J. (2006). It's time to start trusting the workforce. Business 2.0 Magazine, 7 (11).
  • 23. Do You Have to Tell?
    • You may be required to disclose an illness if:
    • Your employee benefit plan requires you to submit claims through your employer rather than directly to the company
    • Your employer has an absenteeism policy that requires you to provide a medical certificate if you miss more than a specified
    • number of days of work
    • You are requesting accommodation
    Canadian Mental Health Association. (2007). Mental health works: Talking to your employer. Retrieved February 21, 2008 from http://www.mentalhealthworks.ca/employees/talking_to_your_employer.asp
  • 24. Consider Before Telling
    • Are you comfortable with your employer, manager/supervisor, and co-workers?
    • What are your circumstances within the company? (Are you particularly valuable?)
    • Are there accommodation or disability policies in place?
    • Has anyone else disclosed an illness/personal issue? Did they receive accommodation?
    • How stressful is it for you to hide your
    • problem?
    Canadian Mental Health Association. (2007). Mental health works: Talking to your employer. Retrieved February 21, 2008 from http://www.mentalhealthworks.ca/employees/talking_to_your_employer.asp
  • 25. Disclosing Information
    • Always keep in mind the five W’s of protecting your privacy when asked to disclose your personal information:
    • Who wants it and who will have access to it?
    • What will it be used for?
    • When will your information be used & when will it be discarded?
    • Where will your information be stored?
    • Why do they want it?
    Information & Privacy Commissioner/Ontario. (2006). Protecting your privacy. Retrieved February 22, 2008, from http://www.ipc.on.ca/index.asp?navid=14.
  • 26. Government Services
    • Canada
    • Office of the Privacy
    • Commissioner of Canada
    • Ontario
    • Access & Privacy Office
    • IPC