Recovering electronic devices from employees who’ve been dismissedLiability risks surrounding personal files on devices are governed by privacy legislationBy Colin Gibson03/06/2017|Canadian HR Reporter|Last Updated: 03/06/2017 Question: Are there any liability risks regarding privacy if an employer confiscates a work laptop or mobile device from a dismissed employee that is full of the employee’s personal files?Answer: The liability risks surrounding personal files on employer-owned electronic devices that were used by a dismissed employee are governed by privacy legislation. The federal Personal Information Protection and Electronic Documents Act (PIPEDA) governs private sector employers, except those in provinces with substantially similar legislation: British Columbia, Alberta and Quebec. This discussion will focus on the federal PIPEDA; please refer to your provincial legislation if applicable.Personal files on a dismissed employee’s work-issued electronic devices are the employee’s “personal information,” which is defined as information about an identifiable individual, where there is a possibility an individual could be identified through that information. Privacy legislation imposes strict obligations on organizations regarding the collection, use, disclosure and retention of personal information. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.