‘It’s a decision that gives comfort to employers,’ says lawyer discussing implications of CAI decision on employee monitoring
A recent decision out of Quebec is providing “very helpful” insights for employers when it comes to workplace surveillance, according to legal experts.
The Commission d’accès à l’information (CAI) of Quebec issued an order requiring Crane Supply to significantly limit its use of video surveillance inside company vehicles.
The CAI found that the collection of images went beyond what was necessary and was not sufficiently justified under Quebec’s privacy laws.
This decision brings needed clarity for organizations operating in safety-sensitive environments as questions have circulated for years about what is “reasonable” when it comes to in-cab monitoring, according to Adam LaRoche, a partner at Osler, Hoskin & Harcourt in Calgary.
“One of the really important parts of this finding is the ultimate determination that the practice itself is reasonable or necessary from a Quebec perspective,” he says.
“It’s a decision that gives comfort to employers who work in dangerous goods or transportation or in large, dangerous vehicle driving. It’s really helpful from that perspective.”
However, the CAI’s finding is not an open invitation for all kinds of surveillance, says LaRoche.
“I would caution employers from reading this decision as a blanket authorization to conduct in-cab monitoring,” he notes, emphasizing the need for a contextual assessment.
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