Can my employer monitor my personal activities on a work computer?

What the Law Says

Canadian privacy law permits workplace monitoring under certain conditions, primarily governed by the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and common law principles on reasonable expectation of privacy.

Under PIPEDA, organizations may collect, use, or disclose personal information without consent only if it is 'reasonable' and 'appropriate' in the circumstances — including for legitimate business purposes like protecting company assets or ensuring productivity.

PIPEDA does not apply to employee personal information in federally regulated private-sector workplaces *if* the information is collected, used, or disclosed solely for employment purposes — but provincial laws (e.g., Ontario’s common law) still apply.

Courts assess whether monitoring is lawful by asking whether the employee had a 'reasonable expectation of privacy' in the context — considering factors like ownership of the device, policies, notice, and the nature of the activity.

Statutory Text

An organization may collect, use or disclose personal information without the knowledge or consent of the individual only if it is reasonable to expect that the collection, use or disclosure would be considered appropriate by a reasonable person in the circumstances.

— PIPEDA, s. 7(1) — Exceptions to Consent Requirement

What Courts Have Said

Canadian courts have consistently held that employees have little to no reasonable expectation of privacy when using employer-owned devices — especially where policies warn of monitoring.

What to Do

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