Does the Patriot Act issue impact employee privacy?
Gross: One type of information outsourced to a US-linked company may be employee information. In provinces where privacy legislation applies to employees of an organization or in certain federal operations in which PIPEDA applies to employee information, such as banks or telecommunication companies, issues may arise with respect to employees’ personal information being put in the hands of US authorities without employees’ knowledge or consent. An example would be an accounting firm in Alberta that outsources the company’s payroll or benefits processing to a US-linked firm. The employer organization is, arguably, making its employees’ personal information accessible to US authorities. This may constitute a breach of the applicable privacy legislation by the organization. Nymity: Do Canadian service providers that maintain their customers’ personal information in Canada have a competitive advantage over US service providers? Gross: A report on the Patriot Act’s implications was commissio
