Court of Appeal Decison Affects Access to Workplace Computers

When conducting investigations in a regulatory or workplace context we find more frequently that access to computers and laptops is required to gather information relevant to the issues being investigated. Often investigators and employers have assumed the computers are the property of the employer, are to be used for work related matters and therefore the employer should have unfettered access and be able to consent to access by third parties. A recent ruling of the Ontario Court of Appeal changes these assumptions dramatically. Now it must be assumed there is a reasonable expectation of privacy and depending on the situation consent by the user of the device or legal remedies to compel access such as search warrants will be necessary. The message for investigators – if in doubt assume there is a reasonable expectation of privacy and explore your options for legally accessing what you need. Check out the article in the Globe and Mail on this by clicking here.