Canadian employees have few legal protections against workplace monitoring, experts say, after TD Bank told some staff it would use software to track their work activity, raising concerns about consent and privacy. The bank's move has exposed a legal gap in much of Canada, where employers can monitor workers without providing significant safeguards or recourse for employees.

What Happened

TD Bank informed its employees that it would be deploying software called WorkiQ to track their work activity across various platforms, including web browsers and internal messaging apps. The tool is designed to improve insights and allocate resources, but employees have raised concerns about the potential for data collection and use in performance reviews or other contexts.

The bank's initial plan was to collect employees' mouse movements, keystrokes, and other actions as training data for artificial intelligence (AI), but this was scaled back after weeks of pushback from staff. This move is not unique to TD Bank, as companies like Meta have also faced employee pushback over using software to monitor work.

Background and Context

The use of monitoring technologies in the workplace has accelerated with the shift to remote work arrangements. According to a recent Canadian study, 70% of surveyed employees said some aspect of their work is digitally monitored, including location tracking, webcam/video recording, keyboard/keystroke monitoring, computer screen capture, or biometrics such as facial features, voice, or iris scan.

While electronic surveillance has surged amid the pandemic, many sectors have made longstanding use of employee surveillance. This includes GPS tracking in shipping and trucking industries, timekeeping on factory and warehouse floors, call monitoring between agents and customers, and badges that nurses are required to wear to track their whereabouts in the hospital.

Employee monitoring has undergone substantial expansion in its capabilities and application, with some forms of digital monitoring used to assess employees' productivity, analyze moods, reactions, or fatigue levels. Predictive analytics may even be used to monitor whether an employee is likely to succeed in their position or seek another job.

Why It Matters to the Industry

The lack of legal protections for Canadian employees against workplace monitoring has significant implications for adult-industry platforms and operators. The industry relies heavily on remote work arrangements, and the use of monitoring technologies can raise concerns about consent, privacy, and data collection.

Adult-industry companies may be subject to similar scrutiny over their use of monitoring technologies, particularly if they are collecting sensitive information about performers or users. This could lead to reputational damage, regulatory issues, or even lawsuits.

What Comes Next

The Canadian government is revamping its privacy laws, but it remains unclear what specific changes will be made. In the meantime, companies like TD Bank are pushing forward with their monitoring plans, citing industry standards and the need for improved insights and resource allocation.

Employees in Canada have few options to resist or limit workplace monitoring, as there is no single statute that they can point to and say the surveillance crosses a line. This lack of protection has significant implications for workers' rights and privacy in the digital age.

Key Facts

  • TD Bank will use WorkiQ software to track employees' work activity across various platforms, including web browsers and internal messaging apps.
  • The bank's initial plan was to collect employees' mouse movements, keystrokes, and other actions as training data for AI, but this was scaled back after staff pushback.
  • 70% of surveyed Canadian employees said some aspect of their work is digitally monitored, including location tracking, webcam/video recording, keyboard/keystroke monitoring, computer screen capture, or biometrics.
  • The use of monitoring technologies in the workplace has accelerated with the shift to remote work arrangements.
  • Canadian employees have few options to resist or limit workplace monitoring, as there is no single statute that they can point to and say the surveillance crosses a line.

The lack of legal protections for Canadian employees against workplace monitoring highlights the need for industry-wide standards and regulations. As companies like TD Bank push forward with their monitoring plans, it remains unclear what specific changes will be made to address these concerns.