Many changes to life and the law  have come about during, and because of, the COVID-19 pandemic. Among this  seemingly endless list of changes are myriad privacy issues, as detailed in  a June 2020  report.
 
First in the minds of many  are the disruptions caused by a nearly-global shift towards working from home.  As businesses and employees adjusted their approach to working, the privacy  needs of both groups rose in prominence — and not always in alignment with one  another.
 
Working where we live, or living at work?
 
Among individuals, it's not  hard to imagine the concerns of privacy that stem from bringing the office into  one's home. With so many first-time remote employees, questions of employee  surveillance and what is or is not fair game abound. And while public sector  employees are typically regulated by various laws, private employees are  operating in a space that is much less defined.
 
From a business or employer  perspective, the need to comply with privacy laws like Canada's Anti-Spam  Legislation (CASL) is paired with an understandable desire to ensure ongoing  productivity and performance. These needs have, in some cases, spurred  employers to digitally monitor and report on employee activity such as screen  time, mouse activity, and content.
 
This trend, as do most such  measures, requires a balance on the part of the employer. Defining what type  and amount of surveillance is reasonable will vary by industry, employee  responsibility, and business objective. Even then, discussions and  considerations should be made with regards to collective agreements already in  place, necessity, risk/reward calculations, and alternative approaches to  gathering similar information.
 
Last, but certainly not  least, are the challenges tied to balancing a safe workplace with employee  privacy concerns. With a frustratingly high transmission rate, notifications of  exposure are fundamental to containing the virus itself. And yet, individual  privacy rights and expectations remain. Navigating these challenges is no easy  task for employers faced with competing needs of individual safety and a  functional workforce.
 
Contact trace: A new phrase enters the lexicon
 
For some, a more surreal  component of the COVID-19 pandemic is the way in which “surveillance  state" concepts quickly became commonplace. While awareness of mobile  phone tracking has been slowly broadening over recent years, the  semi-futuristic ideas of contact tracing suddenly became quite real for the  public at large.
 
In fact, contact tracing —  the identification and tracing of individuals who have come into contact with a  known or suspected carrier of a disease — is standard practice in the pandemic  response toolkit. What's truly new is the pandemic itself. Much of the world has  no living history of such a large-scale infection and the measures required to  successfully fight the spread.
 
In Canada, contact tracing  apps implicate privacy at nearly every level. At the federal level, the Privacy  Act will regulate federal institutions who collect, use, or disclose personal  information through contact tracing apps. 
 
Provincial public sector privacy  laws, such as Ontario's Freedom of Information and Protection of Privacy Act  (FIPPA) will regulate provincial public bodies' handling of personal  information gleaned from contact tracing apps.
Health information privacy  laws, such as Ontario's Personal Health Information Protection Act, 2004  (PHIPA) are likely to be the most impactful. These laws regulate how health  information custodians collect, use, and disclose personal health information.  Custodians can include health care practitioners such as physicians, nurses,  and pharmacists, but also institutions such as hospitals, long-term care homes,  and authorities such as provincial ministries of health. Health information  privacy laws also affect custodians' agents, electronic service providers, and  non-custodians to whom a custodian discloses personal health information.
 
Indeed, with  so much surrounding the Coronavirus and its effect on lives and laws, the list  goes on and on. For a more thorough exploration of this topic, read Privacy  Issues Arising from the COVID-19 Pandemic. 
 
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