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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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    Workplace Privacy Presentation Workplace Privacy Presentation Presentation Transcript

    • Workplace Privacy
    • 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
    • Privacy Exercise
      • Turn to your neighbour and tell them something privately…
    • Context of Discussion
      • Ontario Public Libraries
      • Remember—this is very different in the USA!
    • 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
    • Privacy Legislation
      • Map of Privacy Legislation in Canada
    • 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.
    • 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.
    • 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.
    • Privacy Decision Tree Turnbull, I. J. (Ed.) (2004). Privacy in the workplace: The employment perspective. Toronto: CCH Canadian.
    • CSA Model Code— 10 Privacy Principles
      • Accountability
      • Identifying Purposes
      • Consent
      • Limiting Collection
      • Limiting Use, Disclosure, and Retention
      • Accuracy
      • Safeguards
      • Openness
      • Individual Access
      • Challenging Compliance
    • 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.
    • Case Studies
      • Small and Rural:
      • the County of Brant Public Library
      • Big and Urban:
      • the Toronto Public Library
    • 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.
    • 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
    • Current Issues
      • Electronic privacy—does it exist?
      • Types of electronic surveillance
      • The dangers of Web 2.0
    • 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).
    • Big Brother is Monitoring…
      • Email
      • Website Activity
      • IM Chat
      • Telephones
      • Surveillance Cameras
      • Your Body
    • Social Networking
      • Privacy of Social Networks
    • 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.
    • 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.
    • 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).
    • 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
    • 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
    • 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.
    • Government Services
      • Canada
      • Office of the Privacy
      • Commissioner of Canada
      • Ontario
      • Access & Privacy Office
      • IPC