Canadian workers have few legal protections against workplace surveillance, a new report has found, as Toronto-Dominion Bank begins monitoring its employees. The report, released by the Canadian Civil Liberties Association, highlights the growing use of tracking software, keystroke loggers, and video monitoring in workplaces across the country.
TD Bank's new monitoring program
TD Bank recently introduced a system that tracks employees' computer activities, including time spent on tasks and websites visited. The bank stated the program aims to improve productivity and security, but critics argue it invades privacy and creates a culture of distrust. According to the report, over 60% of Canadian companies now use some form of employee surveillance, up from 30% five years ago.
“Employees are being monitored in ways that would have been unthinkable a decade ago,” said Brenda McPhail, director of the privacy program at the Canadian Civil Liberties Association. “The law has not kept pace with technology, leaving workers vulnerable to constant scrutiny.”
Legal gaps and calls for reform
Canada lacks comprehensive federal legislation regulating workplace surveillance, unlike the European Union's General Data Protection Regulation. Provincial laws vary, but most offer limited protection. Ontario, for example, requires employers to disclose monitoring policies, but does not restrict the extent of surveillance. McPhail called for urgent legal reforms: “We need clear rules that balance employer interests with workers' rights to privacy and dignity.”
The report notes that surveillance can harm mental health, reduce job satisfaction, and lead to micromanagement. It recommends banning certain invasive practices, such as continuous video monitoring of individual workstations, and requiring employers to justify any monitoring as necessary and proportionate.
Industry response and future outlook
TD Bank declined to comment on the specifics of its program but stated it complies with all applicable laws. The Canadian Bankers Association said surveillance is sometimes necessary to prevent fraud and protect customer data. However, some companies are adopting less intrusive approaches. For instance, Shopify announced it would not use productivity-tracking software, citing trust in its employees.
As technology advances, the debate over workplace surveillance is likely to intensify. The report urges the federal government to introduce legislation similar to Quebec's Privacy Act, which requires employers to demonstrate that monitoring is essential and that employees have consented. Without action, Canadian workers may face an increasingly monitored work environment.
