COMPUTER AND E-MAIL WORKPLACE SURVEILLANCE IN CANADA: THE SHIFT FROM REASONABLE EXPECTATION OF PRIVACY TO REASONABLE SURVEILLANCE

Authors

  • MICHAEL A GEIST

Abstract

The ubiquity of computing and Internet communications has catapulted computer and e-mail surveillance to the forefront of public attention. This attention is particularly pronounced in the workplace, where millions of computer-enabled employees who are familiar with their word processing and e-mail applications, may know little about surveillance technologies that quietly monitor their network activity or even worse, their every keystroke. This article examines the issue of computer and e-mail surveillance from a Canadian legal perspective, concluding that its legality is gradually shifting from an analysis of the target's reasonable expectation of privacy to an assessment of the reasonableness of the computer surveillance.

Keywords:

Constitutional Law

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Published

2003-08-01

Issue

Section

Legal Commentary