Digital Workplace Monitoring Raises New Concerns in Canada

Digital monitoring in the workplace is becoming a growing concern in Canada, as more employers use software tools to track employee activity, productivity, and time spent on work applications.

The issue returned to public debate after Reuters reported that Toronto-Dominion Bank told some employees in its financial crimes and risk management team that it would use WorkiQ software to track their work activity, including time spent on browsers, internal chat, and meeting applications. TD said the tool is intended to help managers better understand workflow, team capacity, and performance, and described the practice as standard across the industry.

The move has raised broader questions about privacy, consent, and the limits of employer oversight, especially in hybrid and remote work environments. Reuters reported that some employees raised concerns about whether the data could be used in performance management and how much control workers have over such monitoring.

Legal experts cited by Reuters warned that Canadian workers have relatively limited protections against workplace surveillance compared with employees in the European Union, where employers must more clearly justify monitoring under privacy and labour laws. Experts also noted that while some monitoring may be expected in modern workplaces, employers need to define the purpose of the data collection and how the information will be used.

In Ontario, employers with 25 or more employees are required to have a written policy on electronic monitoring. That policy must state whether employees are monitored, describe how and when monitoring may occur, and explain the purposes for which the information may be used. However, Ontario’s Employment Standards Act requirements do not give employees a right not to be electronically monitored and do not create new privacy rights.

This distinction is important for workers. A workplace may be required to disclose monitoring, but disclosure alone does not necessarily mean employees can refuse it. For many workers, the practical question is not only whether monitoring exists, but whether they know what is being collected, why it is being collected, who can access it, and whether it may affect evaluations, discipline, promotions, or job security.

The Office of the Privacy Commissioner of Canada says employees have the right to know how their personal information is being collected and used, and employers must limit access to employee information on a need-to-know basis. The federal privacy office also recognizes that employers may have legitimate reasons to collect and use information, including managing performance, protecting workplace security, preventing leaks, and addressing harassment.

Privacy regulators in Canada have previously warned that the rise of employee monitoring software has exposed gaps in workplace privacy protections, saying some laws are outdated or absent altogether. They called for stronger and more relevant safeguards to protect workers from overly intrusive monitoring.

The debate is now moving beyond cameras and login records. New workplace tools can track application use, online activity, meeting time, idle time, and other digital signals that may be interpreted as productivity indicators. Critics argue that this can create a culture of pressure and suspicion, while employers say such tools can help manage workloads, improve efficiency, and protect business systems.

For employees, the key issue is transparency. Workers need to know whether they are being monitored, what tools are being used, what data is collected, how long it is kept, and whether it can be used for performance reviews or disciplinary decisions. Without clear limits, digital monitoring can quickly move from workplace management to a deeper form of surveillance.

The renewed concern in Canada shows that digital monitoring is no longer a technical workplace matter. It is becoming a rights issue involving privacy, trust, productivity, and the balance of power between employers and employees.