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Social Media Privacy Laws Canada
30 novembre 2022

Depending on the privacy settings set by the individual user, personal information and communications posted on a social media site may be read by unintentional individuals. “[Canadian] laws simply say that greater protection is needed when data is more sensitive, so that social media companies can decide for themselves whether highly disclosed personal information deserves certain treatments that better protect our privacy,” Stevens said. (d.1) addressed to another organization and appropriate for the purpose of investigating a breach of an agreement or a violation of the laws of Canada or of a province that has been committed, is being committed or is imminent, and the disclosure of which without the knowledge or consent of the person can reasonably be expected to interfere with the investigation; Social media and mobile technologies are playing an increasingly important role in people`s lives. These developments can have a positive and negative impact on employment. Mobile technology can allow employers to stay in touch with employees when they are away from work, which is convenient and can lead to greater efficiency. However, the presence of mobile technology in the workplace can also lead to distractions and reduced productivity, in addition to raising privacy concerns. Many employers have also had problems with employees who used social media to discuss their activities or denigrate the employer or other employees. Social media platforms like Facebook and Twitter transfer and store user data in various jurisdictions outside of Canada, according to a recent Ryerson Cybersecure Policy Exchange (CPX) discussion paper. With many of the largest social media companies based in the U.S., calls for stricter regulations often fall on the U.S. in the hope that consumers will feel more comfortable sharing their data online.

The study found that most social media privacy policies do not explicitly state in which jurisdictions their users` personal data is stored, processed and transferred. This means that “social media platforms can easily transfer personal data between different countries with little oversight or transparency,” the document says. In the future, countries will need to review how social media companies use data. While individuals can take legal action against companies in court, these companies often overwhelm them, which means the government has to step in. For example, the Privacy Commissioner of Canada can review how public and private organizations handle data. They also try to resolve differences through mediation, negotiation and reconciliation. First, copyright is crucial for authors and observers. A copyrighted work is protected as soon as the author distributes it in a fixed format. For example, posting an original image on social media is enough to protect it by copyright. Therefore, users cannot post an image they find online without permission. The attribution of the work is not synonymous with asking for the consent of the creator. Copyright Modernization Act (federal) – implements the rights and protections of the World Intellectual Property Organization (WIPO) Internet treaties and addresses various challenges and opportunities for copyright owners arising from the Internet and digital media.

Read our articles on the Copyright Modernization Act. The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada`s private sector data protection law. In the employment context, PIPEDA applies only to federal utilities, corporations or corporations with respect to their processing of personal data of employees and job applicants within federal works, undertakings, or businesses. To register a social media site, you must first agree to its terms of use. These Terms describe how the Platform uses your information, including your interactions and preferences. Even if your account is “private”, the platform still has access to your information. In the midst of all the controversy, priorities change. People want more security and privacy when using the social media services of large companies. As the U.S. government continues to debate the regulation of big tech brands, data collection continues.

In Canada, the Privacy Act addresses the collection, use and disclosure of personal information (including employee information) in the federal public sector. Both the OPC and the Treasury Board Secretariat have produced guidelines that can be helpful in understanding the use of social media in the workplace. Each province and territory has some form of public sector privacy legislation and a regulatory body. The policy should generally establish best practices and outline expectations for the acceptable use of social media in the workplace, describe the consequences of abuse, and address any privacy issues in the workplace. Employers should inform their employees in plain language of why it is important to disclose certain personal and business information – about themselves, their employees, their customers and the organization – confidentially or not. Similarly, employers must exercise judgment and comply with applicable privacy and other laws when deciding to collect, use or disclose personal information from social media sources. A privacy-friendly workplace requires fair use of information by all stakeholders. However, not all countries keep pace with consumer wants and needs. For example, 19% of countries do not have privacy regulations. Companies in China must obtain consent to interact with their users` data. However, government officials often block access to websites or monitor how residents use them, raising surveillance concerns. Data protection regulations are even more complicated because they vary from platform to platform.

Siya Joshi, a first-year computer science student, didn`t know that Canadian laws allow companies to share user information across borders. Regardless of how you use social media, you need to understand two applicable topics: copyright and how your relationship with a company determines how its agents may collect data. Both are likely to pop up regularly as you learn more about social media privacy — or lack thereof. Freedom of information and protection of privacy legislation (provincial legislation) – Provincial legislation that protects the privacy of individuals with respect to their personal information held by institutions and grants individuals a right of access to that information. Anyone who violates the GDPR`s data protection and security standards will face stiff fines, up to €20 million, according to the GDPR`s website. “Privacy legislation that explicitly seeks to promote economic development will never adequately protect our individual and collective rights to informational self-determination as an extension of privacy, one of our fundamental freedoms in Canada,” said Stevens. This data includes personal information specific to each user. Without adequate protection, social media companies can mismanage, lose or pass data on to cybercriminals.

Social media companies already collect comprehensive — and legal — data about customers to get profit details or sell their information to third parties. To increase protection, governments often develop and enforce stricter regulations. Graphic novel for tweens and teens on privacy issues related to social media, mobile devices, texting and online gaming The paper proposed three policy changes that can be used by the Canadian government to improve its current privacy laws – comparable protection, consent and special protection for sensitive personal data. The Personal Information Protection and Electronic Documents Act (PIPEDA) is responsible for protecting the personal information of social media users in Canada. While many employers have policies and codes of conduct for the use of email and the Internet, social media presents different privacy challenges that should be specifically addressed in conjunction with these other workplace rules. Clear rules and guidelines designed specifically for the use of social media should be communicated to all employees. Employers often have workplace policies that explicitly tell employees that they have no privacy rights with respect to activities conducted using employer-provided technology. Employers may also have policies that allow them to monitor, search or otherwise monitor employees` computer or mobile phone use. The presence of a policy is not always sufficient to determine that an employee did not have a reasonable expectation of privacy.

Whether there is a reasonable expectation of privacy depends on consideration of all relevant circumstances. Employers must balance workers` freedom to use the Internet in their spare time with their ability to damage an employer`s reputation or employment relationships. “Our privacy laws have historically given companies a great deal of freedom to treat our personal data as they see fit, with little legal oversight,” Stevens said. Almost every major social media platform — including Facebook, Instagram, LinkedIn, Snapchat, Twitter and TikTok — has faced major security breaches over the past five years, according to the CPX report by Stevens, Mohammed Masoodi and Sam Andrey. Most people consider their personal social media pages to be private. However, employees should be aware that any information or communication posted on their social media can potentially be accessed via: Privacy, Surveillance, Disclosure, Employee Policies “PIPEDA`s self-regulatory approach fundamentally compromises the security, confidentiality and protection of personal data for users of social media platforms,” the document states, adding: that this data may be transferred to various jurisdictions without the knowledge of Canadian social media users. with minor restrictions under Canada`s Privacy Act.