Canadian Lawyer: Accessing personal WhatsApp messages on work laptop an invasion of privacy

The CBC fired a reporter after finding evidence of misconduct in his personal messages. While employees have little expectation of privacy when using company devices, employers are expected to justify any search of the device, says Tatha Swann. When misconduct is suspected, companies do not have “carte blanche” to inspect the employee’s personal files but must only perform “targeted searches related to the concern at issue,” she says.

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