recording our employees’ work

[Mina Rabbanian]

#99691

Forum: Community

Good afternoon,

We have recently been made aware that some of our employees working on a job site were being recorded by a neighbouring individual while they were performing their work (window installation). As a result, our employees felt uncomfortable and ultimately left the site.

We would like to understand whether there are any applicable privacy laws or regulations in Ontario or Canada that would protect employees in situations like this. In particular, we are wondering if there are grounds for us to refuse to send staff back to that location if they are being recorded without consent while working.

Any guidance you can provide on our obligations, employee protections, and options in this situation would be greatly appreciated.

Thank you in advance for your assistance.

[Haley O’Halloran]

#99726

In Ontario, there is generally no absolute prohibition on being recorded without consent in public or semi-public settings. Canadian privacy laws such as the Personal Information Protection and Electronic Documents Act (PIPEDA) primarily regulate how organizations collect, use, and disclose personal information in the course of commercial activities—they do not typically apply to private individuals recording from their own property for personal purposes. Similarly, Ontario does not have a broad standalone privacy statute that would clearly prevent a neighbour from filming workers visible from outside. However, there are limits: if the recording becomes intrusive (e.g., persistent surveillance, targeting individuals, or capturing areas where there is a reasonable expectation of privacy such as a restroom area), it could potentially give rise to civil claims such as “intrusion upon seclusion,” or even harassment concerns in more extreme cases.

From an employer perspective, your obligations fall more clearly under workplace safety laws, particularly the Occupational Health and Safety Act (OHSA). You have a duty to take every reasonable precaution to protect workers, including from psychological hazards such as harassment or intimidation. If employees feel unsafe or distressed due to being recorded, you are justified in assessing the risk and implementing controls. This could include communicating with the property owner or neighbour, setting boundaries, or, if the situation remains unresolved and negatively impacts worker safety, declining to send employees back. Workers may also have the right to refuse work they reasonably believe is unsafe, triggering a formal work refusal process under OHSA.

In practice, while the act of recording itself may not automatically be illegal, the impact on your employees and your duty of care are key. If the recording is persistent and creates a hostile or intimidating work environment, you have reasonable grounds to intervene and potentially refuse the assignment until the issue is addressed. It would be prudent to document the situation, attempt to resolve it (e.g., requesting that recording cease or be limited), and, if necessary, seek legal advice tailored to the specific facts.

I hope this helps!
-HRInsider Staff

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