Canada: How Much Should Big Brother Monitor (And Other BYOD Considerations)

Given the popularity and prevalence of mobile devices such as smart phones and tablets in today's world, it is no surprise that Bring Your Own Device ("BYOD") programs have become an increasingly common arrangement for organizations. BYOD programs allow employees to use their own mobile devices for both personal and business purposes, blurring the traditional line between work and play. A recent report indicates that more than 75% of Canadian businesses support employee-purchased smartphones and tablets in the workplace.

Properly implemented BYOD programs are appealing to organizations for many reasons. First, they allow them to save substantially on equipment costs because the phones are purchased and owned by the employees. Second, they allow the organization to stay in touch with the employees at almost all times, because the employees are generally carrying the device with them even after work. Third, employees may well like the arrangement as it is much more convenient to carry one device than two (a personal device and a business one). Therefore, the program can result in lower cost, higher productivity and greater employee satisfaction, a win-win situation for both the organization and employees – you would think.

While BYOD programs may seem attractive to organizations, there are significant privacy, security and even overtime risks involved that must be carefully considered, such as:

  • With employees bringing in different devices, controlling the access and capabilities of such devices or ensuring the devices have adequate protection against malicious activities can be difficult.
  • Too much monitoring can infringe on employee privacy but not having sufficient monitoring to ensure organizational information is secure can have dire consequences.
  • Organizations often have confidential company information on their systems such as information on new products, new ventures and new initiatives. Any security risk leading to leakage of such information may severely compromise the competitive advantage of the organization.
  • Organizational systems may also contain private personal information of clients, which organizations are obligated to keep confidential. Having such information divulged to outsiders even if unintentionally, can result in personal information protection or privacy related lawsuits.
  • Finally, with employees being available 24/7, they might decide to try to claim overtime for the time that they are allegedly working outside of the workplace. The cost-savings of BYOD might not be so cheap after all. As such, any introduction of such BYOD programs must be properly managed, with due consideration given to both the cost-benefits and potential risks involved.

From a privacy perspective, the Federal, Alberta and British Columbia privacy commissioners have compiled a set of guidelines to address the privacy and security risks for organizations considering a BYOD arrangement, a full copy of which can be found here. The following highlights some of the key points of the new guidelines on BYOD:

1. Privacy Impact Assessment ("PIA") and Threat Risk Assessment ("TRA")

As different organizations have different types and volumes of sensitive or private information, PIA is needed to identify risks related to the collection, use, storage, retention, and disclosure of such information, while TRA addresses the specific organizational risks involved in adopting a BYOD program. Such assessments help to determine if and how the program should be implemented.

2. Developing and Implementing a BYOD Policy

A specific BYOD policy should be developed, addressing issues such as user responsibilities, acceptable company monitoring practices, application management, security requirements and access requests, as well as necessary restrictions regarding which devices, systems and storage services are authorized, who can be on the program and what information can be accessed through it. The policy must be clearly communicated in order for it to be understood and enforced. Proper training to employees on managing various types of risks can also aid in the implementation of a good BYOD policy.

3. Mitigating organizational risks

Organizational information should be stored in a centralized location within the organization and not on individual personal devices. Specific software, such as MDM software, can be installed to manage connections of the device to the organizational server. An agreement on the device administration responsibilities should be signed by both the employee and the organization. Another way of reducing risk is containerization, which involves creating two compartments on the device, one for personal purposes and one for business purposes. Containerization enables the organization to effectively manage the business compartment.

4. Addressing software vulnerabilities

Encryptions and patch updates can prevent malicious cyber activities that can adversely affect the organization. Responsibilities must be clearly established in the policy and agreed to by the BYOD users. A list of approved apps should also be developed, with an accompanying policy and procedure for their installation and management, to prevent misconfigured or improper apps from being used. Effective authentication can be implemented at the device, container and/or user levels.

5. Incident Management

A clear incident management process should be available so that when something goes wrong, immediate remedial actions can be taken to protect organizational information, such as remote removal of information or information access on the device. To do so effectively, a good inventory management system maintaining the current authorized devices and apps is essential.

Implications for businesses

Organizations need to be cognizant of information security when using BYOD programs, not only because of potential financial and reputation losses due to leakages of sensitive company information, but also because they have the legal responsibility to keep personal information confidential. BYOD is not for all organizations as it depends on the risks involved as well as the cost implications. Technology is forever changing and BYOD policies and procedures need to keep up with latest developments. Effective development and management of BYOD programs requires devoted resources and ongoing commitment at all levels of an organization. An appropriate balance needs to be struck to ensure that measures to protect organizational information are not unnecessarily infringing on employee privacy or excessively compromising usability.

In developing any BYOD policies, organizations ought to pay particular attention to this set of guidelines by the privacy commissioners. When there are privacy complaints or litigation related to the BYOD programs, these guidelines may be used to determine if proper measures have been adopted by the organization to avoid security risks and privacy breaches.

To view original article, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.