As technology evolves, Ontario workplaces are increasingly adopting biometric systems to track time, access secure areas, and monitor employees. Fingerprint scans, facial recognition, retina scans, and voice authentication are no longer limited to science fiction or high-security government facilities; they are now used in offices, warehouses, and retail stores across the province.
For employees, the rise of biometric technologies raises important legal and privacy questions. What rights do you have over your biometric data? Can your employer require you to submit a fingerprint or scan your face to clock in? What happens to your data if you leave the job? And how is this information being stored and protected?
What Is Biometric Data and Why Are Employers Using It?
Biometric data refers to biological characteristics that can be used to identify an individual. This includes fingerprint patterns, facial geometry, iris or retina scans, handprints, and voice recognition. Because this data is unique to each individual and difficult to forge, employers often use it for:
- Timekeeping and attendance systems
- Controlling access to secure buildings or sensitive information
- Monitoring employee movement for safety or productivity
- Authentication of devices or systems
Unlike passwords or ID cards, biometric data is tied to the person; it cannot be lost, stolen, or shared (at least not in the traditional sense). For this reason, many employers view biometric systems as more efficient and secure than older technologies.
However, the permanence of biometric data makes its use particularly sensitive. You can reset a password or cancel a swipe card but you can’t change your fingerprint.
A Patchwork Legal Landscape
Currently, Ontario has no dedicated provincial legislation that directly regulates the collection and use of biometric data in the private sector. This has created a legal grey zone for many employees.
Most private-sector employers in Ontario are not subject to a comprehensive provincial privacy law. Instead, their data collection practices are governed indirectly by:
- Common law principles related to privacy, informed consent, and reasonable expectations in the workplace.
- The Personal Information Protection and Electronic Documents Act (PIPEDA), which applies to private-sector organizations engaged in commercial activity.
- The Occupational Health and Safety Act (OHSA) and Employment Standards Act (ESA), which may come into play if biometric data is tied to health, safety, or timekeeping obligations.
- The Canadian Charter of Rights and Freedoms, in the public sector, where biometric systems may engage constitutional privacy rights.
PIPEDA does apply to some Ontario employers, especially those that operate across provinces or engage in commercial activity (such as private security firms or national retail chains). Under PIPEDA, organizations must obtain meaningful consent for the collection, use, and disclosure of personal information, including biometric identifiers.
Where PIPEDA does not apply, common law privacy principles still require employers to act reasonably, to provide notice, and to limit intrusions into employees’ personal lives.
Consent and Transparency: Can Employers Require Biometric Data?
Consent is a cornerstone of lawful biometric data collection, whether under PIPEDA or general privacy principles. However, the employment relationship complicates the concept of consent. Employees are often seen as having unequal bargaining power, raising the question: Is consent to biometric scanning truly voluntary?
To be considered valid, consent must be informed, specific, and given voluntarily. Employers must clearly explain what biometric data is being collected, and why. They must also disclose how it will be used, stored, and shared, how long it will be retained, and what rights the employee has with respect to the data.
Many workplaces ask employees to sign a consent form or privacy agreement. However, employees may feel pressured to agree or fear repercussions if they refuse, creating legal tension. While courts have not definitively ruled on biometric systems in Ontario workplaces, tribunals and privacy commissioners have emphasized that biometric data should only be collected when less intrusive methods are unavailable.
Employers who mandate biometric systems without offering reasonable alternatives (such as keycards or PINs) may face legal challenges, particularly if the employee’s objection is rooted in medical, religious, or privacy concerns.
Data Security and Storage: Where Does Your Biometric Information Go?
One of the most significant concerns with workplace biometrics is how the data is stored and protected. Biometric identifiers are highly sensitive. If compromised, they cannot be revoked or changed. For this reason, employers have a legal and ethical obligation to safeguard biometric data using robust security measures.
Under PIPEDA and industry best practices, employers must take steps to:
- Encrypt biometric data during storage and transmission
- Limit access to authorized personnel
- Store data in secure servers (ideally located in Canada)
- Anonymize or tokenize data where possible
- Regularly audit and monitor the system for breaches
Failure to properly protect biometric information can result in significant liability. In the event of a data breach, affected employees may have grounds to file complaints with the Office of the Privacy Commissioner of Canada or even pursue civil claims for damages.
What Happens After You Leave the Job?
Another major concern is what happens to your biometric data when your employment ends. Employers should have clear policies outlining how long biometric data is retained and when it will be securely destroyed.
Under PIPEDA, personal information must only be retained for as long as necessary to fulfill the purpose for which it was collected. Once an employee leaves the organization or the data is no longer needed, it should be permanently deleted.
Unfortunately, not all employers have policies in place, or if they do, they may not communicate them clearly. Employees have the right to ask how long their data will be stored post-termination, who will have access to it, and how and when it will be deleted. If satisfactory answers are not provided, employees may seek legal advice or file a complaint with the privacy commissioner.
Biometric Policies and the Role of Internal Governance
To ensure fairness, transparency, and legal compliance. Such a policy should address:
- The rationale for collecting biometric data
- The types of data collected
- How consent is obtained
- Who has access to the data, and for what purpose
- Retention and deletion protocols
- Procedures for handling employee concerns or complaints
From an employment law perspective, a well-drafted policy can protect the employer from liability and give employees a clear understanding of their rights and responsibilities.
However, a policy is only effective if it is communicated to employees, implemented consistently, and regularly reviewed in light of technological and legal developments.
What Can Employees Do?
If an employee believes their biometric data is being misused, collected without consent, or stored insecurely, there are several avenues for recourse. This may include filing a complaint with the Office of the Privacy Commissioner of Canada, especially if PIPEDA applies. They may also raise the issue with Human Resources (HR) or through internal complaint channels. Employees should also consider consulting an employment lawyer about potential claims, such as invasion of privacy, constructive dismissal, or breach of contract. Human rights laws may also provide a remedy if the biometric requirement disproportionately affects certain protected groups.
In rare but serious cases, the misuse of biometric data may also give rise to tort claims such as “intrusion upon seclusion,” particularly if the employer acted recklessly or failed to secure sensitive information.
Looking Ahead: Calls for Stronger Regulation in Ontario
The absence of specific biometric privacy legislation in Ontario means that employees must often rely on a patchwork of legal principles and limited protections. However, there is growing recognition that more robust regulation is needed.
Several provinces, including Alberta, British Columbia, and Quebec, have enacted private-sector privacy laws that provide more direct oversight of biometric data. Ontario has considered but not yet passed similar legislation.
In the meantime, both employees and employers should stay informed about their rights and obligations and exercise caution when implementing or consenting to biometric systems.
Know Your Rights and Speak Up If Needed
Biometric technology can offer convenience and efficiency in the workplace, but it also introduces significant risks and challenges, particularly around privacy, consent, and data security. In Ontario, where the legal framework remains fragmented, employees must be vigilant and proactive in understanding how their biometric data is used.
Employers have a responsibility to be transparent, fair, and protective of this sensitive information. Employees, in turn, should feel empowered to ask questions, request alternatives, and seek legal guidance if they believe their rights are being infringed.
As technology continues to evolve, so too will the legal landscape. Until then, knowing your rights is the best first step in protecting your biometric identity at work.
Contact Bader Law for Innovative Employment Law Advice in Mississauga & Oakville
If you’re unsure about your rights regarding fingerprint scans, facial recognition, or other workplace biometric systems, Bader Law can help you protect your privacy. Our skilled employment lawyers can review your situation, explain your options, and ensure your employer’s policies comply with current privacy and employment standards. Contact us online or at (289) 652-9092 to discuss your concerns and safeguard your biometric data at work.