Last review date: 18 December 2024
Yes.
The potential legal bases for data processing in the employment context are:
Processing is necessary/reasonably required (depending on the applicable private-sector data privacy and security law) for the purposes of establishing, managing or terminating the employment relationship, and the employee has been provided with appropriate notice.
Last review date: 18 December 2024
☒ Yes, same as for data subjects outside the employment context.
PIPEDA only applies to employee personal data of employees of federally regulated businesses (e.g., banks, airlines, and telecommunications companies). Alberta PIPA, BC PIPA and the Quebec Act apply to personal data of employees of non-federally regulated businesses in those provinces. Under PIPEDA, Alberta PIPA and BC PIPA, an organization can generally collect, use and disclose employee personal data without consent if the data is necessary (in the case of PIPEDA) or reasonably required (in the case of Alberta PIPA and BC PIPA) for the purposes of establishing, managing or terminating the employment relationship, and the employee has been provided with appropriate notice. Under the Quebec Act, an organization must generally obtain consent to collect, use or disclose employee personal data, though implied consent (i.e., by providing appropriate notice) can be sufficient if the employee's personal data is not sensitive personal data.
Last review date: 18 December 2024
☒ Yes
If yes, please provide a link.
In October 2023, the OPC published a resolution of the Federal, Provincial and Territorial Privacy regulators titled "Protecting Employee Privacy in the Modern Workplace" ("Resolution"). This Resolution calls on employers to respect the principles of reasonableness, necessity, and proportionality when implementing AI tools for the collection or use of employee data. Moreover, the Resolution asks employers to refrain from using AI tools to make significant decisions about an employee's candidacy, employment prospects, performance or any other employment related decision without a human to review the output and process.
In November 2023. Alberta’s OPIC published a guidance titled "Guidance for Small Custodians on the use of Artificial Intelligence." This guidance document offers small custodians, including those designated under Alberta’s Health Information Regulation general guidance on compliance with privacy laws when using AI systems in their practices and with their employees.