Artificial Intelligence (AI) is becoming a bigger part of our everyday lives and with that, employers have recognized that it may be beneficial to integrate AI into their workplaces to optimize hiring and monitor employees. What employers should know is that there are strict privacy laws to adhere to that govern the collection, use, and disclosure of employee information. In particular, BC’s Personal Information Protection Act (PIPA), and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) specify the ways that an employee’s information can be used both with and without their consent.
Employers must ensure they meet their legal obligation to protect employee data prior to implementing AI into their workplaces in order to avoid potentially costly consequences. One best practice would be to develop a policy around AI use and ensure that all of those who are impacted by the policy are aware of its terms and the ways that it may impact them.
Even once AI is implemented, employers would be well-advised to conduct regular compliance audits to ensure that they are not breaching privacy laws. Wherever possible, employees should be informed of how AI is used in the workplace, and their consent obtained.
As AI evolves, legislative changes will likely occur, and best practices may change. It is important for employers to stay informed on this topic to ensure that they maintain compliance with privacy laws.
If you are an employer and have questions about the privacy implications of implementing AI in your workplace, please contact Morelli Chertkow Lawyers at 250-374-3344.
Disclaimer: This is not legal advice.