Legal rights related to social media in the workplace 8th
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Legal rights related to social media in the workplace 8th
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Content:
- Employment law updates: important changes for employers
- The impact of social media at the workplace
- Social media in the workplace: Research roundup
- Social Media and Privacy: The Philippine Experience
- LEGAL TRENDS Social Media Use in Hiring: Assessing the Risks
- Working hours
- Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities
- Cookie Policy
Employment law updates: important changes for employers
While privacy is a central or core concern under section 8 of the Charter, section 7 also provides residual protection for privacy interests R. Mills , [] 3 S. The Canadian Bill of Rights contains no specific rights to privacy or to be secure against unreasonable search and seizure; but section 1 a protects a limited right not to be deprived of the enjoyment of property without due process. A number of international instruments, which are binding on Canada, include provisions protecting aspects of the right to privacy: article 17 of the International Covenant on Civil and Political Rights ; article 16 of the Convention on the Rights of the Child ; article 22 of the Convention on the Rights of Persons with Disabilities ; and article V, IX and X of the American Declaration of the Rights and Duties of Man.
See also the following international, regional and comparative law instruments that are not legally binding on Canada, but include provisions similar to section 8 of the Charter: article 12 of the Universal Declaration of Human Rights ; article 11 of the American Convention on Human Rights ; article 8 of the European Convention on Human Rights ; the Fourth Amendment of the Constitution of the United States of America.
Section 8 protects people, not places, against unjustified intrusions on their privacy interests Hunter v. Southam Inc. Gomboc , [] 3 S. As demonstrated by Hunter v. Southam , the protection of people includes corporations as legal persons. The purpose of section 8 is to prevent unjustified searches before they happen, not simply to determine after the fact whether they ought to have occurred in the first place Hunter v.
Southam at page The values underlying the privacy interest protected by section 8 are dignity, integrity and autonomy R.
Plant , [] 3 S. Ahmad, SCC 11 at paragraph The Supreme Court has suggested that the interests protected by section 8 may extend beyond those of privacy R. Southam at page but has not yet articulated the nature of any additional potential section 8 protections.
That said, at a minimum, section 8 protections may overlap with protections generally recognized under other Charter rights. For example, in R. United States of America , [] 3 S. An inspection is a search, and a taking is a seizure, where a person has a reasonable privacy interest in the object or subject matter of the state action and the information to which it gives access R.
Tessling , [] 3 S. Evans , [] 1 S. A search or seizure will be reasonable where it is 1 authorized by law; 2 the law itself is reasonable; and 3 the manner in which the search is carried out is reasonable R. Collins , [] 1 S. Southam ; R. Nolet , [] 1 S. Shepherd , [] 2 S. Both steps of the inquiry call for a highly contextual analysis, with the result that different contexts yield different expectations of privacy which in turn give rise to different requirements at the second stage of the analysis.
Rodgers , [] 1 S. Southam at pages This can include looking for things that are tangible or intangible, such as spoken words and electronic data R. Morelli , [] 1 S. Kokesch , [] 3 S. The interception and recording of a private communication should be considered a search in all circumstances, save where all parties to a conversation expressly consent to the recording R. Duarte , [] 1 S.
Potash , [] 2 S. Dyment , [] 2 S. Colarusso , [] 1 S. Law, [] 1 S. This includes situations in which a person is required to produce a thing including information pursuant to a state compulsion R. McKinlay Transport Ltd. Branch , [] 2 S.
White , [] 2 S. Fitzpatrick , [] 4 S. Dersch , [] 3 S. This is so whether the sample is provided pursuant to a police demand, request, or whether it is provided voluntarily. The fact that a person who has acquired lawful possession of information for their own purposes voluntarily discloses the information to the state does not vest in the state a delegated or derivative power to appropriate that information for the purposes of a criminal investigation R.
Cole , [] 3 S. The section 8 protection against seizure does not apply to government action merely because those actions interfere with property rights. Laroche , [] 3 S. Thus, a restraint order against property will constitute a seizure where it is issued for the ultimate purpose of investigation Laroche at paragraph Reeves , SCC 56 at paragraphs Where the state has seized records, the Supreme Court has indicated that disclosure of those records to individuals outside of those to whom, or for purposes other than for which, they were originally divulged may interfere with a reasonable expectation of privacy Mills at paragraph ; R.
Quesnelle , SCC 46, [] 2 S. Whether or not state action has interfered with a reasonable expectation of privacy so as to constitute a search or seizure is to be determined on the basis of the totality of the circumstances. Edwards , [] 1 S. Four lines of inquiry guide the application of the test Cole at paragraph 40; Tessling at paragraph 32 :. The totality of the circumstances test determines both the existence and extent of the reasonable expectation of privacy.
If there is no reasonable expectation of privacy, the protections of section 8 are not engaged and the analysis ends there. If there is a reasonable expectation of privacy of any degree, section 8 will be engaged to prevent state interference except under the authority of a warrant or other reasonable law Cole at paragraph 9. It is essential at the outset to identify the subject matter of the search.
In many cases this will be a straightforward matter. In others, however, it will not. In such cases, the characterization of the subject matter can make a major contribution to the analysis see e. Spencer , [] 2 S. The nature of the privacy interest does not depend on whether, in the particular case, privacy shelters legal or illegal activity.
The analysis turns on the privacy of the area or the thing being searched and the impact of the search on its target, not the legal or illegal nature of the items sought Patrick at paragraph 32; Spencer at paragraph The Supreme Court has identified three broad privacy interests protected by section 8: personal privacy, territorial privacy and informational privacy. The distinction between these categories provides a useful analytical tool but is not determinative of the analysis as, in a given case, the privacy interest may overlap the categories Tessling at paragraph 24; see also Gomboc at paragraph Privacy of the person perhaps has the strongest claim to constitutional shelter because it protects, in particular, the right of individuals not to have their bodies touched or explored to disclose objects or matters they wish to conceal Tessling at paragraph 21 and is often at issue in criminal investigations when the state wishes to pursue invasive procedures such as drug testing and cavity searches.
The Supreme Court has repeatedly emphasized the close relationship between bodily privacy and human dignity see e. Golden , [] 3 S. Pohoretsky , [] 1 S. Stillman , [] 1 S. This has developed into a more nuanced hierarchy protecting privacy: in the home, being the place where our most intimate and private activities are most likely to take place Evans at paragraph 42; R. Silveira , [] 2 S. Feeney , [] 2 S. Grant , [] 3 S.
Wiley , [] 3 S. Wise , [] 1 S. Mellenthin , [] 3 S. Canada Attorney General , [] 2 S. In fostering the underlying values of dignity, integrity and autonomy, it is fitting that section 8 of the Charter should seek to protect a biographical core of personal information which individuals in a free and democratic society would wish to maintain and control from dissemination to the state.
This would include information which tends to reveal intimate details of the lifestyle and personal choices of the individual Plant at Informational privacy includes at least three conceptually distinct, though overlapping, understandings of what privacy is: privacy as secrecy; privacy as control and privacy as anonymity.
Privacy as secrecy encompasses the expectation that information disclosed in confidence will be held in trust and confidence by those to whom it is disclosed. Privacy also encompasses a wider notion of control over, access to, and use of information. Privacy as anonymity permits individuals to act in public places but to preserve freedom from identification and surveillance. This conception of privacy is particularly important in the context of Internet usage Spencer at paragraphs Because the Internet has exponentially increased both the quality and quantity of information that is stored about Internet users, and because users cannot fully control or even be fully aware of who may observe a pattern of online activity, it is by remaining anonymous that the user can in large measure be assured that the activity remains private Spencer at paragraph Marakah , SCC 59 at paragraph In the s.
In other cases, the Court appears to understand the issue of standing in the narrower sense described above, as a means of limiting arguments based on the constitutional rights of third parties see e. Ferguson , SCC 6 at paragraph Jones , SCC 60 at paragraphs Where a person is a third party in a location where a search or seizure takes place e. Belnavis , [] 3 S. For more discussion of standing under the Charter, see generally section 24 1 and section 52 1.
The impact of social media at the workplace
Generally, employers have the right to monitor their employees use of the Internet including visiting social networking sites, checking e-mails, and instant messaging on computers owned by the employer, during employees on-duty hours. Employees should therefore be conscious of what information they display on social media websites. To learn more about social media and computer privacy, read below:. What is social media and social networking? How does social networking and social media relate to the workplace?
Social media in the workplace: Research roundup
While privacy is a central or core concern under section 8 of the Charter, section 7 also provides residual protection for privacy interests R. Mills , [] 3 S. The Canadian Bill of Rights contains no specific rights to privacy or to be secure against unreasonable search and seizure; but section 1 a protects a limited right not to be deprived of the enjoyment of property without due process. A number of international instruments, which are binding on Canada, include provisions protecting aspects of the right to privacy: article 17 of the International Covenant on Civil and Political Rights ; article 16 of the Convention on the Rights of the Child ; article 22 of the Convention on the Rights of Persons with Disabilities ; and article V, IX and X of the American Declaration of the Rights and Duties of Man. See also the following international, regional and comparative law instruments that are not legally binding on Canada, but include provisions similar to section 8 of the Charter: article 12 of the Universal Declaration of Human Rights ; article 11 of the American Convention on Human Rights ; article 8 of the European Convention on Human Rights ; the Fourth Amendment of the Constitution of the United States of America. Section 8 protects people, not places, against unjustified intrusions on their privacy interests Hunter v. Southam Inc.
Social Media and Privacy: The Philippine Experience
May 12, The Legal Eagle Lowdown. In the old days, the public square referred to a colonial village square where people gathered to share ideas and pass out written material. With an decision, the U. In other words, social media is not only a place where people go to express their viewpoints, but a place to gather information as well. Therefore, governments cannot limit who can log onto social media channels, including those convicted of crimes.
LEGAL TRENDS Social Media Use in Hiring: Assessing the Risks
Try out PMC Labs and tell us what you think. Learn More. Widespread use of social media applications like Facebook, YouTube, and Twitter has introduced new complexities to the legal and ethical environment of higher education. Social communications have traditionally been considered private; however, now that much of this information is published online to the public, more insight is available to students' attitudes, opinions, and character. Pharmacy educators and administrators may struggle with the myriad of ethical and legal issues pertaining to social media communications and relationships with and among students.
Working hours
The Kingdom of Jordan is at the centre of an ancient region that since the end of Roman domination, has been attached as a province to Syria, conquered by the Crusaders in 11th and 12th centuries and finally, along with Syria, incorporated into the Ottoman Empire with the fall of Constantinople in It remained a part of Ottoman territory, with its legal system developing or remaining static until Ottoman Empire final disintegration during the Great War. Practically, legal development began under the Ottoman Sultans. Technically, the Ottomans conquered this territory in the 15th century, but the various Bedouin tribes were not disturbed in the exercise of their local authority until 19th century. By the end of Ottoman rule, their codification of the civil law aspects of Sharia uncodified body of Islamic law and practices and the Majallah the imperial ottoman version of a civil code, promulgated in had been accepted in what became the British mandated territories.
Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities
Since I first blogged on this topic, a lot has changed. Authenticity has become the currency on social media and employees are no longer hiding behind corporate messages when sharing professional content. Many organizations have already experienced first-hand the benefits of activating their employees voices for advocacy and social selling.
Cookie Policy
RELATED VIDEO: Social Media Legal Risks and Best PracticesSocial media has become a powerful tool for businesses to use in connecting with their customers. The medium has certainly made major corporations more accessible to the consumer. But with this ease of accessibility comes risk in many forms. Jim DeLoach explains 10 potential risks companies may face when using social media to engage with the public. These media leverage the power of the internet, Web 2. The convergence of these technologies has significantly altered the dynamics of customer relationship management, marketing and corporate communications for many businesses.
This is an ever-increasing area of litigation. It has found employers in violation for policies that. Beyond the content of social media posts, there is also the loss of work time. Thus, employers need to deal with three discrete concerns: 1 use of social media in evaluating applicants; 2 limits on social media content by existing employees; and 3 lost work time in using social media at work. Use of social media presents certain risks and carries with it responsibilities.
Social media are interactive technologies that facilitate the creation and sharing of information, ideas, interests, and other forms of expression through virtual communities and networks. Users usually access social media services through web-based apps on desktops or download services that offer social media functionality to their mobile devices e. As users engage with these electronic services, they create highly interactive platforms which individuals, communities, and organizations can share, co-create, discuss, participate, and modify user-generated or self-curated content posted online.
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