Where’s that workplace surveillance bill? More thoughts pending its release

It’s Friday at 4:20pm and I don’t see an Ontario workplace surveillance bill yet, so here are a couple more thoughts – one positive, one negative and one neutral.

Positive – Organizations ought to employ “information technology asset management” – a process for governing their network hardware and software. Those organizations with strong asset management practices will have little difficulty identifying how employees are “monitored.” For those who are weak asset managers, the new bill is an invitation to improvement and rooting out unmanaged applications.

Negative – As I said yesterday, the devil will be in the detail, and the scope of the “monitoring” that is regulated will be key. Monitoring must be defined in a way that does not affect non-routine processes – i.e., audits and investigations. Those raise a different kind of privacy concern, and a notification requirement shouldn’t frustrate an organization’s ability to investigate.

Neutral – Organizations typically keep security controls confidential to protect against behavior we call “threat shifting” – the shifting of tactics to circumvent existing, known controls. I’m doubtful the type of disclosure the bill will require will create a security risk, but it’s an issue to consider when we see the text.

Bring on the bill!