MP plans legislation to protect workers from ‘bossware’

A Toronto MP is looking to introduce legislation that will cover the use of office surveillance technology by employers. Liberal Michael Coteau conducted a survey a year ago and in December released a report called Rise of Bossware: Protecting the Privacy of Canadians Who Work From Home. There are currently no laws at the federal, provincial or municipal level that cover the topic. But a changing work environment has necessitated a change, he said in an interview with the Wire Report. “I think the reason it’s not covered in such a clear way is mainly because the issue has never really been at the forefront of Canadians’ minds,” the Liberal MP stated. “But I think that with the Covid pandemic we saw a massive shift in the way we do work.” Coteau currently has a private member’s bill in draft stage and expects to table it in the House of Commons soon. There are provisions in privacy legislation in Alberta, British Columbia and Quebec that could indicate what measures need to be taken, he said. Even though federal legislation would only cover roughly 10 per cent of the workforce, it is still needed. “There’s just a patchwork of different pieces of legislation all across the country, there’s different jurisdictional issues and I think it would be good to have some focus and clarity on this specific issue,” said Coteau. There are some provisions in the government’s new privacy act, Bill C-27, that could be useful in addressing the topic. Other options include amending current laws or having the appropriate minister issue mandates about bossware. The MP’s report says work is needed. “This is germane to our discussions because employer monitoring of home workspaces had the potential to also capture unwitting family members, it had the potential to catch people under considerable stress and poor health,” the 28-page paper states. “It had the potential to exacerbate the stress of lockdown measures by allowing employers and work colleagues to intrude into the private life and space of Canadians.” In doing the survey, Coteau consulted with privacy officials at the provincial and territorial levels of government. One deputy commissioner suggested clarity is needed, especially regarding remote workers and their privacy rights. Another commissioner stated that the lack of clarity leads to a long and cumbersome dispute resolution process. The study found that there are class differences between different economic groups that are affected by bossware. “The imbalance in authority created through digital monitoring may place employees in a tough spot, unable to say no to monitoring,” the report concludes. “In fact, those most deeply impacted by surveillance and monitoring are the least likely to say no to it for fear of dismissal or demotion.” There is also the discrepancy between resources. A high-paid worker may have a home office from which to work; a lower-paid employee is probably using an area the whole family has access to. Coteau illustrates the dichotomy. “If you’re a lawyer at a big firm and every time you pick up your phone you press a button and the client is billed, that's a form of monitoring,” he told the Wire Report. “But if you’re a person working from home for a call centre for example, you’re working in your home environment, there may be more specific monitoring based on the type of work you’re doing that’s more I would say intrusive, for example a camera staring back at you to see if you’re sitting at your desk.” The study ends with two main recommendations. The federal government, including federal agencies and Crown corporations, should take a leading role in preserving the privacy of workers. That government should also work with its provincial and territorial counterparts to negotiate a framework to guarantee privacy rights of employees. It is necessary to find a balance between employer’s demands on employees and workers’ rights to privacy, Coteau said. A poll done as part of the report found that 53.1 per cent of respondents thought monitoring should be done within reasonable limits, such as during work hours or on employer-owned equipment. But 33.7 per cent thought all monitoring should be outlawed. Only 9.6 per cent would give bosses a free rein on watching workers. Employers need to understand that privacy limits make good business sense, the MP said. He told the Wire Report that he has had a great deal of positive feedback on his study. –Reporting by Paul Park at ppark@thewirereport.ca and editing by Michael Lee-Murphy at mleemurphy@thewirereport.ca

MP plans legislation to protect workers from ‘bossware’

News | March 7, 2023

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MP plans legislation to protect workers from ‘bossware’

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