Office of the Information and Privacy Commissioner of Saskatchewan. Technology’s Impact Upon Employee Privacy. Updated 14 May 2024. 3 Surveillance Audio and Video Surveillance Often, organizations justify installing cameras and/or microphones to conduct audio and video surveillance as a means to protect themselves against unwanted activity (such as theft) and to ensure safety of employees and clients. However, such surveillance means employee activities and conversations are constantly being recorded. In Investigation Report 034-2015, an individual was concerned about the City of Saskatoon’s use of audio surveillance on some of the City’s busses. The Information and Privacy Commissioner (IPC) determined that while the City had authority to collect personal information through audio surveillance, he made recommendations on how the City could do so in the most privacy protective manner. He recommended that the City conduct a privacy impact assessment, revise its surveillance policy, revise and increase its signage to notify the public of its use of audio surveillance, and to conduct public consultations about the City’s use of surveillance on its busses. In Investigation Report 090-2017, a bus driver with the City of Saskatoon alleged his privacy was breached when the City used video surveillance footage from a camera installed on a City bus to investigate a complaint that the bus driver hit a cyclist. The bus driver also alleged his privacy was breached when the City used and disclosed footage for the purpose of a grievance hearing. The IPC determined that the City had authority under LA FOIP to use the footage to investigate the complaint and for the purpose of the grievance hearing. He also found that the manner in which the City collected and used the employee’s personal information was in compliance with LA FOIP. For example, the City limited its collection and use of the footage to the specific shift in which the employee was driving the bus. It did not access any footage beyond that particular shift. Data Surveillance Data analytics is a tool that organizations can use to track employee activities, including with whom they are corresponding and the frequency of the correspondence. Organizations can use such data to gain insights on how work flows through the workplace. The data can also be used for other purposes such as employee performance. Artificial Intelligence One form of artificial intelligence (AI) is the use of algorithms to analyze historical data to make predictions about future events. For example, workplaces may use predictive AI to predict which job candidate will likely be the most successful. Workplaces are adopting such AI technologies to assist in the employment lifecycle, including recruiting, hiring and managing employees. However, it cannot be assumed that AI is trustworthy. There are examples of AI being biased, which leads to discriminatory decisions and practices. Furthermore, there are examples of AI being used in a way that erodes employees’ rights. In October 2023, the Office of the Information and Privacy Commissioner of Ontario, the Office of the Information and Privacy Commissioner of British Columbia and the Office of the Privacy Commissioner of Canada co-sponsored a resolution at the Global Privacy Assembly on Artificial Intelligence and Employment. The resolution highlighted how AI, when “misapplied, incorrectly designed or inappropriately relied upon” may “lead to harms or infringement of fundamental rights and freedoms, including privacy, human dignity, equality of rights such as unfair discrimination.” The resolution
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