Technology has become central to the workplace, with employers regularly providing employees with access to computers and other devices for use in the course of work and employment activities. Personal use of these devices often becomes incidental, especially as the boundaries between the workplace and home blur. As a result, questions arise over who really owns the personal information generated on these workplace devices and the extent of an employee’s privacy rights over any personal information stored on these devices.

The recent Supreme Court of Canada decision of R. v. Cole indicates that an employee’s personal information, even if stored on computers owned by an employer, may attract a reasonable expectation of privacy.

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