April 14, 2011
Here’s a good article in the Globe & Mail’s Report on Business about the thorny issue of workplace monitoring. As I’m quoted by the Globe & Mail, “I recognize employers have risks and obligations to manage data, but on the other hand going to a more Big Brother approach isn’t the answer. And the privacy commissioner and the courts would agree with that.” Read the full article here>
Other related blog posts include Employee monitoring in today’s workplace and Social media: Is your organization’s head in the sand?
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Employee Monitoring, Facebook, Privacy, Social Networking Websites | Tagged: Employees, Facebook, Privacy, Social Networking | 
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Posted by Brian Bowman
February 24, 2011
I was pleased to recently deliver a presentation called “The Power & Pain of Social Media” with my colleague, Adam Herstein, to the Manitoba Association of Risk and Insurance Managers.
Doing the presentation made me think that it might help your organization to highlight the following previous posts… Hope they help!
Leave a Comment » | Employee Monitoring, Facebook, Online Reputation Management, Privacy, Social Networking Websites | Tagged: Blogs, Facebook, Social Networking | Permalink
Posted by Brian Bowman
December 20, 2010
Recent news coverage about WikiLeaks has focused on the leaked documents and ethics, or lack thereof, of WikiLeaks’ founder, Julian Assange. Rightfully so.
The formerly classified documents are tantalizing and the story behind Assange and his WikiLeaks website is fascinating. But amidst the media chatter about the damage inflicted by WikiLeaks itself, the circumstances surrounding the initial release of secret documents from the U.S. government to WikiLeaks should provide a wake up call for other governments and corporations here at home.
Read more>>
Leave a Comment » | Access to Information, Data Protection, Employee Monitoring, Safeguarding, Safekeeping, Security, Security Breach, Technology | Tagged: Access to Information, Corporate Information, Information Technology, Safeguarding, Security, Workplace Surveillance | Permalink
Posted by Brian Bowman
October 26, 2010
Is your organization in the social media world?
If your answer is “no” you’re wrong. Sorry, but it was a trick question. Whether your organization admits it or not, it is in the social media world. Clients, prospective clients, employees and even competitors are almost certainly engaging in conversations about your organization on Facebook and LinkedIn. The question is whether you’re a part (or even aware) of those conversations. The second question is what are you going to do to shape those conversations, to the extent that you can?
The reality is that Canadian employees, for example, are blogging, tweeting and accessing social networking websites with increasing frequency. And the result is increased legal risks for Canadian businesses. These risks include disgruntled employees intentionally revealing trade secrets, defaming supervisors, harassing co-workers, or posting negative information about their employers’ business. There are even additional threats resulting from loyal employees who inadvertently disclose information online that runs afoul of privacy and competition laws. These threats won’t go away if your company has its head in the sand regarding social media.
One important step to dealing with and leveraging social media is to implement a social media policy within your organization. Doing so won’t address every potential headache related to social media, but it will help to manage online discussions that are occurring during and after work hours by your own employees. And since some of the greatest risks I’ve mentioned above stem from your employees, my best advice is to implement a social media policy. Key components in a social media policy should include:
- defining the scope of prohibited activities;
- clarifying to whom the policy applies;
- addressing how infringing content should be removed from social media sites;
- spelling out who, when and how monitoring of social media sites occurs; and
- advising of penalties and enforcement of the policy.
3 Comments | Blogs, Employee Monitoring, Facebook, Monitoring, Online Reputation Management, Social Networking Websites | Tagged: Blogs, Employees, Facebook, Online Reputation Management, Social Networking | Permalink
Posted by Brian Bowman
June 16, 2010
Can the act of connecting with other professionals on social networking websites such as LinkedIn constitute a violation of a non-compete or non-solicitation contractual undertaking? Are departing employees that are subject to such restricted covenants required to disconnect and “de-friend” colleagues and customers of their former employer until the contractual undertaking have expired?
ComputerWorld is reporting today that an IT staffing firm has accused one of its former employees of violating her non-compete undertaking through her conduct on LinkedIn. I’m not aware of any similar lawsuit to date in Canada so it’ll be interesting to see how this particular case evolves in the U.S. This case and others that I’ve previously noted highlight the blurring line between online and offline worlds. Businesses should consider whether or not, and to what extent, they should try to enforce such restrictive covenants in the social networking world. Stay tuned…
Leave a Comment » | Employee Monitoring, Internet, Monitoring, Online Reputation Management, Social Networking Websites | Tagged: Businesses, Customers, Employees, Internet, Online Reputation Management, Social Networking | Permalink
Posted by Brian Bowman
June 10, 2010
A former administrator in the Rural Municipality of La Broquerie has alleged that town politicians installed hidden video surveillance cameras in nearly every room in the municipality offices to secretly spy on rival councillors, staff and even the public.
Manitoba’s Ombudsman is investigating these explosive allegations. If they are true, it is very hard to image a legal defence. But can the use of covert video surveillance ever be legal?
Read more>>
Leave a Comment » | Employee Monitoring, Monitoring, Ombudsman, Privacy, Video Surveillance | Tagged: Manitoba, Manitoba Ombudsman, Privacy, Video Surveillance, Workplace Surveillance | Permalink
Posted by Brian Bowman
May 20, 2010
Thanks to everyone from Europe, the U.S. and across Canada who attended last week’s Social Media and the Workplace webinar. If you didn’t have a chance to attend, you can now watch the webinar here.
Related information on this blog that may be of interest to you includes this audio link to my recent CJOB|68 radio interview with Human Resources specialist Barbara Bowes in which we discuss privacy issues in the workplace. You may also want to read this article I penned with my colleague Andrew Buck entitled Monitoring Employee Email: A Privacy Primer. And, of course, you can use the blog’s “Tags” to navigate to specific content of interest.
2 Comments | Privacy, Social Networking Websites, Facebook, Employee Monitoring, Monitoring | Tagged: Employees, Facebook, Social Networking | Permalink
Posted by Brian Bowman
May 10, 2010
There’s no question that as we dive deeper into the information age technology will continue to permeate the workplace. Tech gadgets such as iPhones and Blackberries are cheaper and more convenient than ever before. But as the workplace becomes inundated with these tech tools, businesses increasingly have to ask themselves how they can manage the corresponding legal risks inevitably raised by empowering a legion of employees armed with Smartphones. If only there was “an app for that”!
The “fuel” for many gadgets currently in the workplace is data, which may or may not relate to the employer. And I’m not just thinking of Smartphones provided by the employer. I’m also thinking of social media websites such as Facebook and Twitter, which are often accessed after work hours on employees’ home computers.
What happens when an employer uses data gleaned from a company-owed iPhone or Blackberry to monitor an employee in the workplace? What about monitoring an employee’s Facebook page? After all, it’s not uncommon for information about an employer or its clients to appear on an employee’s Facebook page. Further, some employees have no second thoughts whatsoever about posting personal messages during paid company time. Many employers are introducing social media policies to mitigate the resulting legal risks. But how far should employers go to protect their interests?
Today’s post is the first in a series that I’ll publish in the coming weeks to provide you with an overview of legal developments regarding monitoring in the workplace, with a focus on employer monitoring of employee social media and Smartphone activities. Upcoming posts will also examine workplace privacy issues related to email, video and GPS monitoring. Stay tuned…
In the meantime, click here to listen to my recent CJOB|68 radio interview with Human Resources specialist Barbara Bowes in which we discuss privacy issues in the workplace. You may also want to attend a complimentary Social Media in the Workplace webinar that I’ll be providing with a few of my colleagues next week (May 19th). Click here for info and to register (space is limited so register soon).
2 Comments | Employee Monitoring, Facebook, Mobile devices, Privacy, Smartphones, Social Networking Websites | Tagged: Employees, Facebook, Mobile devices, Social Networking | Permalink
Posted by Brian Bowman
April 27, 2010
I’m pleased to let you know that I’ll be teaming up with three of my colleagues to offer a complimentary Social Media and the Workplace webinar on May 19th from 2:00 – 3:15 PM CST. Here’s some details…
Canadian employees – in ever increasing numbers – are blogging, tweeting and accessing social networking websites. These forms of social media are increasing the legal risks for Canadian businesses. These risks include disgruntled employees intentionally revealing trade secrets, defaming supervisors, harassing co-workers, or posting negative information about their employers’ business. There are even additional threats resulting from loyal employees who inadvertently disclose information online that runs afoul of security, privacy and competition laws. Join us for this 75 minute webinar during which we will discuss:
- The legal do’s and don’ts of monitoring employee social media activities during and after work hours;
- Tips for creating meaningful social media policies;
- Tips for dealing with privacy and competition law, and securities regulatory risks; and
- How to deal with potential civil liability resulting from employee social media activities.
Space is limited so please register here soon.
Other presenters (in addition to yours truly):
Leave a Comment » | Privacy, Technology, Social Networking Websites, Employee Monitoring, Competition Law | Tagged: Competition Law, Employee Monitoring, Privacy, Social Networking Websites, Technology | Permalink
Posted by Brian Bowman
February 5, 2010
It’s safe to say that the Alberta provincial government is regarded as being right wing. But Manitoba’s? Not at all. So why then is Alberta light years ahead of Manitoba at protecting workers’ privacy?
Read more>>
The above link takes you to the Winnipeg Sun. I’m delighted to have been asked by Sun Media Corp. to provide Comment columns like today’s on a monthly basis. I hope you find them of interest!
Leave a Comment » | Employee Monitoring, Government, Identity Theft, Personal Information, PIPA, PIPEDA, Privacy, Privacy Commissioner | Tagged: Employees, Government, Identity Theft, Manitoba, Personal Information | Permalink
Posted by Brian Bowman
Here’s a good article in the Globe & Mail’s Report on Business about the thorny issue of workplace monitoring. As I’m quoted by the Globe & Mail, “I recognize employers have risks and obligations to manage data, but on the other hand going to a more Big Brother approach isn’t the answer. And the privacy commissioner and the courts would agree with that.” Read the full article here> 
