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Ontario: Legislative Assembly enacts Digital Platform Workers' Rights Act
The Ontario Legislature Bill 88, An Act to enact the Digital Platform Workers' Rights Act, 2022 and to amend various Acts ('Bill 88') was enacted and received royal assent, on 11 April 2022, in the Legislative Assembly of Ontario. In this context, Bill 88 establishes some specific employee monitoring provisions on which the Information and Privacy Commissioner of Ontario ('IPC') submitted, on 14 March 2022, comments to the Chair of the Standing Committee on Social Policy, highlighting some limitations.
In particular, Bill 88 decrees, among other things, that an employer must provide a written policy with respect to electronic monitoring containing the following information:
- whether the employer electronically monitors employees and if so:
- a description of how and in what circumstances the employer may electronically monitor employees; and
- the purposes for which information obtained through electronic monitoring may be used by the employer;
- the date the policy was prepared and the date any changes were made to the policy; and
- such other information as may be prescribed.
Lastly, Bill 88 give employees a right to be provided with a copy of the policy, and the right to complain to the Minister of Labour, Training, and Skills Development if their employer failed to provide it to them.
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