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Looking for feedback on how others are handling their electronic monitoring in the workplace policy. Our IT department does get access to “activity logs” in Google Workspace. These log things like email send/receive/open/delete, login/logout, access to google docs, google meet session start/end, etc. However it is not “monitored” and available very few people in our organization, if needed for debugging/troubleshooting on the rare occasion, however nothing is “monitored” and we do not keep an eye on what people are doing day to day.
We’re looking for guidance on whether this meets the ESA definition of “electronic monitoring”. Any feedback or guidance is appreciated.“Electronic monitoring” includes all forms of employee and assignment employee monitoring that is done electronically. Some examples include where an employer:
- uses GPS to track the movement of an employee’s delivery vehicle
- uses an electronic sensor to track how quickly employees scan items at a grocery store check-out
- tracks the websites that employees visit during working hours (Your guide to the Employment Standards Act)
Where the employer does electronically monitor employees, the policy must contain the following information:
- A description of how the employer may electronically monitor employees.
- A description of the circumstances in which the employer may electronically monitor employees.
- The purposes for which information obtained through electronic monitoring may be used by the employer.
In this case, having an electronic monitoring policy in place indicating the data collected is only used for IT purposes and who has access is the best practice. Although it is not actively monitored, employees should be aware their activity is tracked by the company.
Here is a model policy on electronic monitoring.
I hope this helps! -
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