Policy 132

Electronic Monitoring of Employees

Adoption
Date : 2022-10-19
Approving Body: Administrative Committee
Responsible Service: Office of the Vice-President, Finance and Administration

  1. PURPOSE

    1. The purpose of this Policy is to provide transparency about the Electronic monitoring of Employees.

  2. DEFINITIONS

    1. For the purposes of this Policy, the following words and expressions have the corresponding meaning:

      Applicable Law means all present and future laws, statutes and regulations (as amended from time to time) applicable to the University, all directives, rules, guidelines, policies or orders of any governmental authority, court, tribunal or other body having jurisdiction over the University and all general principles of common law and equity applicable to the University.

      Electronic monitoring refers to monitoring an Employee that is done electronically.

      Electronic monitoring tools refers to University IT assets or resources that have the ability to do electronic monitoring. Some examples are: computer monitoring (anti-virus software, network firewalls, web security gateways, email security firewalls, vulnerability management systems, identity and access management systems, and database and application monitoring systems) and location awareness technologies (global position systems (GPS), cameras, CCTV, biometric technology).

      Employees means all unionized and non-unionized individuals employed by the University, including administrative and support staff and academic staff covered under the Employment Standards Act.

      Employment Contracts means collectively all collective agreements to which the University is a party and individual employment agreements between the University and an Employee, as may be amended from time to time.

      University Policies and Procedures encompasses all University policies, procedures, by-laws, rules, directives which may be amended from time to time.

  3. INTERPRETATION

    1. This Policy is to be read in conjunction with applicable Employment Contracts, University Policies and Procedures and Applicable Law.
    2. Nothing in this Policy is intended to amend or supersede any applicable Employment Contract.

  4. APPLICATION

    1. This Policy applies to all Employees.

  5. PRINCIPLES

    1. The University respects the reasonable privacy expectations of its Employees in the interest of academic freedom of professors and in the interest of promoting an open and collegial atmosphere.
    2. The University does not engage in unnecessary intrusive or invasive Electronic monitoring to track Employee activity or location and does not use electronic means to track Employee activity or location deliberately and in real-time (or in close proximity to the time of Employee activity or location) as a routine course of business or practice.
    3. The University uses various Electronic monitoring tools that may generate data about Employee activity or location, either in physical spaces or on the University’s network or its IT assets. Although Electronic monitoring tools may generate data about Employee activity or location and enable electronic monitoring, the University does not monitor such data deliberately and in real-time (or close proximity to the time of such collection and/or retention of data) as a routine course of business or practice, other than in the circumstances described in Section 5.4 of this Policy.
    4. The University may and reserves the right to engage in Electronic monitoring in the following circumstances unless otherwise restricted by Applicable Law:
      1. to protect the security of persons, University IT assets and IT resources and University equipment and property;
      2. to ensure proper operation and lawful use of University IT assets and IT resources and University equipment and property;
      3. to ensure or investigate (in response to a complaint or allegation) compliance with University Policies and Procedures and Applicable Law;
      4. for employment-related purposes (for example, monitoring the nature and quality of services, monitoring performance), with notice to affected Employees when practicable; or
      5. to meet the needs of a University activity, service or function and Electronic monitoring is likely to be effective in meeting such need and there is no other practical and less intrusive means that would be effective in meeting it.
    5. This Policy does not provide Employees with any new privacy rights or a right to not be Electronically monitored. Nothing in this Policy affects or limits the University’s ability to conduct, or use data collected through, Electronic monitoring.
    6. If Electronic monitoring occurs as referred to in section 5.4 of this Policy, then any privacy implications and any personal information collected through Electronic monitoring will be treated in accordance with University Policy 90 – Access to Information and Protection of Privacy, University Policies and Procedures and Applicable Law.
    7. The University will provide Employees with a copy of this Policy (and any substantive changes made to it) in accordance with the Ontario Employment Standards Act, 2000 by making it available on the University’s website.

  6. REVIEW AND IMPLEMENTATION

    1. The Associate Vice-President of Human Resources is responsible for the periodic review of this Policy, as necessary.
    2. The Vice-President, Finance and Administration will lead, oversee and approve the establishment of any procedures, instructions, directives in relation to the implementation of this Policy. The University will post on its website such procedures, instructions, directives, information and any other relevant details as needed in relation to the implementation of this Policy.

  7. AMENDMENTS

    1. The Vice-President, Finance and Administration is responsible for recommending to the Administration Committee any amendments to this Policy for approval.
    2. Notwithstanding Section 7.1 of this Policy, the Secretary-General may amend this Policy without the need to submit such amendment to the Administration Committee for approval if such amendment to this Policy is required to:
      1. Update or correct the name or title of a position, unit, law, regulation, policy, authority; and/or
      2. Correct punctuation, grammar, typographical errors, revisions to format and other technical revisions, where appropriate, if the correction does not change the meaning of a provision or make such other correction if it is patent both that an error has been made and what the correction should be; and/or
      3. Correct the form of expression of a provision in French or in English to be more compatible with its form of expression in the other language; and/or
      4. Make consequential amendments to conform with or arising from another University by-law, resolution, policy or to conform with the advice, recommendations and instructions related to Applicable Law.