Common use of Right to Privacy Clause in Contracts

Right to Privacy. 2.12.1 Upon its coming into force, the Employer and Employees must abide by the New Brunswick Right to Information and Protection of Privacy Act, R.S.N.B. c. R-10.6, as may be amended. 2.12.2 Employees have a right to privacy in their personal and professional communications and files, including but not limited to any communication on paper or in an electronic form. The level of privacy does not exceed, however, that of reasonable expectations which must be balanced with the Employer’s right to manage the workplace and its obligation to provide a safe and secure working environment. 2.12.3 The Employer reserves the right to monitor and access computer accounts in order to maintain the integrity of the computer system in a secure and reasonable manner and to further its legitimate interests and legal obligations by ensuring use of the system is lawful and reasonable in an academic workplace. Personal use of the Internet shall not be a violation of this Article absent advance notification with reasons from the Employer that either the quantity or nature of the usage constitutes a violation. For clarity, all use is subject to Article 2.04 (Academic Freedom). Only authorized personnel in the performance of their employment duties may access and monitor the use of information technology and computing facilities. 2.12.4 The Employer shall treat Employee communications and files as private and shall not allow Third Parties to examine Employee communications and files or disclose Employee information to a Third Party unless it is the subject of a subpoena or summons served on the University, or the examination or disclosure is otherwise required by law. “Third Party” refers to persons and legal entities not acting on behalf of the Employer. Authorization for the examination or disclosure of Employee communications, files or information under this clause requires the prior approval of the Vice-President (Academic and Research). The Union shall be notified immediately of any examination or disclosure of information under this clause and the circumstances leading to that disclosure, unless the examination or disclosure is part of an on-going criminal or statutory investigation by a Third Party that could be jeopardized by such immediate notification. 2.12.5 Subject to Article 2 (General Provisions of the Agreement), Employees have the right not to be put under surveillance. This right not to be watched by the Employer includes non-electronic surveillance, electronic eavesdropping or video cameras, and any kind of computer surveillance or other devices. This right does not apply in situations of potential danger or threats to the members of the University community. Undisclosed surveillance by the Employer shall only be conducted as a last resort and after all other reasonable alternatives have been exhausted. Undisclosed surveillance by the Employer shall be conducted in a reasonable manner, proportional to the Employer’s legitimate interests in providing a safe and secure working environment, and where authorized by law. 2.12.6 Any evidence obtained through surveillance shall not be used in disciplinary matters unless obtained in compliance with this Article or from a law enforcement agency. 2.12.7 The Parties recognize that the safety of employees, staff, students and the general public may require the violation of individual privacy for the installation of video cameras, audio recorders or other monitoring devices in public access areas of the campus such as parking lots, walkways, building entrances, exits and hallways. Any areas subject to such surveillance must be identified by posted notice to that effect. For greater clarity, University classrooms, other areas used for teaching purposes (not including space outside University buildings), Employees’ offices, the Union office, work space and laboratories are not considered public access areas. 2.12.8 The Joint Committee shall recommend procedures to govern who has the authority to initiate surveillance, the duration of any surveillance, where images or audio recordings shall be stored, who shall have access to such recordings, and how long such recordings shall be retained. 2.12.9 In developing its recommendation for surveillance procedures, the Joint Committee shall make reasonable provisions to protect the health, safety and security of Employees. 2.12.10 The Employer shall maintain a log-book of all surveillance and give access to this log-book to the Union upon request. However, surveillance that is part of an on- going investigation shall not be entered in the log-book until the investigation is complete if doing so would likely undermine the effectiveness of the investigation. The log-book shall indicate who initiated the surveillance, the location of the surveillance, the duration of the surveillance, and the location in which the images or audio recordings are being stored. 2.12.11 Subject to Article 13.05, information obtained through surveillance devices and practices shall not be used in any evaluation of an Employee’s teaching, research or service, in any renewal, promotion or tenure proceeding, nor shall it be made part of an Employee’s Academic file.

Right to Privacy. 2.12.1 Upon its coming into force, the Employer and Employees must abide by the New Brunswick Right to Information and Protection of Privacy Act, R.S.N.B. c. R-10.6, as may be amended. 2.12.2 Employees have a right to privacy in their personal and professional communications and files, including but not limited to any communication on paper or in an electronic form. The level of privacy does not exceed, however, that of reasonable expectations which must be balanced with the Employer’s right to manage the workplace and its obligation to provide a safe and secure working environment. 2.12.3 The Employer reserves the right to monitor and access computer accounts in order to maintain the integrity of the computer system in a secure and reasonable manner and to further its legitimate interests and legal obligations by ensuring use of the system is lawful and reasonable in an academic workplace. Personal use of the Internet shall not be a violation of this Article absent advance notification with reasons from the Employer that either the quantity or nature of the usage constitutes a violation. For clarity, all use is subject to Article 2.04 (Academic Freedom). Only authorized personnel in the performance of their employment duties may access and monitor the use of information technology and computing facilities. 2.12.4 The Employer shall treat Employee communications and files as private and shall not allow Third Parties to examine Employee communications and files or disclose Employee information to a Third Party unless it is the subject of a subpoena or summons served on the University, or the examination or disclosure is otherwise required by law. “Third Party” refers to persons and legal entities not acting on behalf of the Employer. Authorization for the examination or disclosure of Employee communications, files or information under this clause requires the prior approval of the Vice-President (Academic and Research). The Union shall be notified immediately of any examination or disclosure of information under this clause and the circumstances leading to that disclosure, unless the examination or disclosure is part of an on-going criminal or statutory investigation by a Third Party that could be jeopardized by such immediate notification. 2.12.5 Subject to Article 2 (General Provisions of the Agreement), Employees have the right not to be put under surveillance. This right not to be watched by the Employer includes non-electronic surveillance, electronic eavesdropping or video cameras, and any kind of computer surveillance or other devices. This right does not apply in situations of potential danger or threats to the members of the University community. Undisclosed surveillance by the Employer shall only be conducted as a last resort and after all other reasonable alternatives have been exhausted. Undisclosed surveillance by the Employer shall be conducted in a reasonable manner, proportional to the Employer’s legitimate interests in providing a safe and secure working environment, and where authorized by law. 2.12.6 Any evidence obtained through surveillance shall not be used in disciplinary matters unless obtained in compliance with this Article or from a law enforcement agency. 2.12.7 The Parties recognize that the safety of employees, staff, students and the general public may require the violation of individual privacy for the installation of video cameras, audio recorders or other monitoring devices in public access areas of the campus such as parking lots, walkways, building entrances, exits and hallways. Any areas subject to such surveillance must be identified by posted notice to that effect. For greater clarity, University classrooms, other areas used for teaching purposes (not including space outside University buildings), Employees’ offices, the Union office, work space and laboratories are not considered public access areas. 2.12.8 The Joint Committee shall recommend procedures to govern who has the authority to initiate surveillance, the duration of any surveillance, where images or audio recordings shall be stored, who shall have access to such recordings, and how long such recordings shall be retained. 2.12.9 In developing its recommendation for surveillance procedures, the Joint Committee shall make reasonable provisions to protect the health, safety and security of Employees. 2.12.10 The Employer shall maintain a log-book of all surveillance and give access to this log-book to the Union upon request. However, surveillance that is part of an on- going investigation shall not be entered in the log-book until the investigation is complete if doing so would likely undermine the effectiveness of the investigation. The log-book shall indicate who initiated the surveillance, the location of the surveillance, the duration of the surveillance, and the location in which the images or audio recordings are being stored. 2.12.11 Subject to Article 13.0510.05, information obtained through surveillance devices and practices shall not be used in any evaluation of an Employee’s teaching, research or service, in any renewal, promotion or tenure proceeding, nor shall it be made part of an Employee’s Academic file.

Right to Privacy. 2.12.1 Upon its coming into force, the Employer and Employees must abide by the New Brunswick Right to Information and Protection of Privacy Act, R.S.N.B. c. R-10.6, as may be amended. 2.12.2 Employees have a right to privacy in their personal and professional communications and files, including but not limited to any communication on paper or in an electronic form. The level of privacy does not exceed, however, that of reasonable expectations which must be balanced with the Employer’s right to manage the workplace and its obligation to provide a safe and secure working environment. 2.12.3 The Employer reserves the right to monitor and access computer accounts in order to maintain the integrity of the computer system in a secure and reasonable manner and to further its legitimate interests and legal obligations by ensuring use of the system is lawful and reasonable in an academic workplace. Personal use of the Internet shall not be a violation of this Article absent advance notification with reasons from the Employer that either the quantity or nature of the usage constitutes a violation. For clarity, all use is subject to Article 2.04 (Academic Freedom). Only authorized personnel in the performance of their employment duties may access and monitor the use of information technology and computing facilities. 2.12.4 The Employer shall treat Employee communications and files as private and shall not allow Third Parties to examine Employee communications and files or disclose Employee information to a Third Party unless it is the subject of a subpoena or summons served on the University, or the examination or disclosure is otherwise required by law. “Third Party” refers to persons and legal entities not acting on behalf of the Employer. Authorization for the examination or disclosure of Employee communications, files or information under this clause requires the prior approval of the Vice-President (Academic and Research)Academic. The Union shall be notified immediately of any examination or disclosure of information under this clause and the circumstances leading to that disclosure, unless the examination or disclosure is part of an on-going criminal or statutory investigation by a Third Party that could be jeopardized by such immediate notification. 2.12.5 Subject to Article 2 (General Provisions of the Agreement), Employees have the right not to be put under surveillance. This right not to be watched by the Employer includes non-electronic surveillance, electronic eavesdropping or video cameras, and any kind of computer surveillance or other devices. This right does not apply in situations of potential danger or threats to the members of the University community. Undisclosed surveillance by the Employer shall only be conducted as a last resort and after all other reasonable alternatives have been exhausted. Undisclosed surveillance by the Employer shall be conducted in a reasonable manner, proportional to the Employer’s legitimate interests in providing a safe and secure working environment, and where authorized by law. 2.12.6 Any evidence obtained through surveillance shall not be used in disciplinary matters unless obtained in compliance with this Article or from a law enforcement agency. 2.12.7 The Parties parties recognize that the safety of employees, staff, students and the general public may require the violation of individual privacy for the installation of video cameras, audio recorders or other monitoring devices in public access areas of the campus such as parking lots, walkways, building entrances, exits and hallways. Any areas subject to such surveillance must be identified by posted notice to that effect. For greater clarity, University university classrooms, other areas used for teaching purposes (not including space outside University buildings), Employees’ offices, the Union office, work space and laboratories are not considered public access areas. 2.12.8 The Joint Committee shall recommend procedures to govern who has the authority to initiate surveillance, the duration of any surveillance, where images or audio recordings shall be stored, who shall have access to such recordings, and how long such recordings shall be retained. 2.12.9 In developing its recommendation for surveillance procedures, the Joint Committee shall make reasonable provisions to protect the health, safety and security of Employees. 2.12.10 The Employer shall maintain a log-book of all surveillance and give access to this log-book to the Union upon request. However, surveillance that is part of an on- going investigation shall not be entered in the log-book until the investigation is complete if doing so would likely undermine the effectiveness of the investigation. The log-book shall indicate who initiated the surveillance, the location of the surveillance, the duration of the surveillance, and the location in which the images or audio recordings are being stored. 2.12.11 Subject to Article 13.05, information obtained through surveillance devices and practices shall not be used in any evaluation of an Employee’s teaching, research or service, in any renewal, promotion or tenure proceeding, nor shall it be made part of an Employee’s Academic file.

Right to Privacy. 2.12.1 Upon its coming into force, the Employer and Employees must abide by the New Brunswick Right to Information and Protection of Privacy Act, R.S.N.B. c. R-10.6, as may be amended. 2.12.2 Employees have a right to privacy in their personal and professional communications and files, including but not limited to any communication on paper or in an electronic form. The level of privacy does not exceed, however, that of reasonable expectations which must be balanced with the Employer’s right to manage the workplace and its obligation to provide a safe and secure working environment. 2.12.3 The Employer reserves the right to monitor and access computer accounts in order to maintain the integrity of the computer system in a secure and reasonable manner and to further its legitimate interests and legal obligations by ensuring use of the system is lawful and reasonable in an academic workplace. Personal use of the Internet shall not be a violation of this Article absent advance notification with reasons from the Employer that either the quantity or nature of the usage constitutes a violation. For clarity, all use is subject to Article 2.04 (Academic Freedom). Only authorized personnel in the performance of their employment duties may access and monitor the use of information technology and computing facilities. 2.12.4 The Employer shall treat Employee communications and files as private and shall not allow Third Parties to examine Employee communications and files or disclose Employee information to a Third Party unless it is the subject of a subpoena or summons served on the University, or the examination or disclosure is otherwise required by law. “Third Party” refers to persons and legal entities not acting on behalf of the Employer. Authorization for the examination or disclosure of Employee communications, files or information under this clause requires the prior approval of the Vice-Vice President (Academic and Research)Academic. The Union shall be notified immediately of any examination or disclosure of information under this clause and the circumstances leading to that disclosure, unless the examination or disclosure is part of an on-going criminal or statutory investigation by a Third Party that could be jeopardized by such immediate notification. 2.12.5 Subject to Article 2 (General Provisions of the Agreement), Employees have the right not to be put under surveillance. This right not to be watched by the Employer includes non-electronic surveillance, electronic eavesdropping or video cameras, and any kind of computer surveillance or other devices. This right does not apply in situations of potential danger or threats to the members of the University community. Undisclosed surveillance by the Employer shall only be conducted as a last resort and after all other reasonable alternatives have been exhausted. Undisclosed surveillance by the Employer shall be conducted in a reasonable manner, proportional to the Employer’s legitimate interests in providing a safe and secure working environment, and where authorized by law. 2.12.6 Any evidence obtained through surveillance shall not be used in disciplinary matters unless obtained in compliance with this Article or from a law enforcement agency. 2.12.7 The Parties parties recognize that the safety of employees, staff, students and the general public may require the violation of individual privacy for the installation of video cameras, audio recorders or other monitoring devices in public access areas of the campus such as parking lots, walkways, building entrances, exits and hallways. Any areas subject to such surveillance must be identified by posted notice to that effect. For greater clarity, University university classrooms, other areas used for teaching purposes (not including space outside University buildings), Employees’ offices, the Union office, work space and laboratories are not considered public access areas. 2.12.8 The Joint Committee shall recommend procedures to govern who has the authority to initiate surveillance, the duration of any surveillance, where images or audio recordings shall be stored, who shall have access to such recordings, and how long such recordings shall be retained. 2.12.9 In developing its recommendation for surveillance procedures, the Joint Committee shall make reasonable provisions to protect the health, safety and security of Employees. 2.12.10 The Employer shall maintain a log-book of all surveillance and give access to this log-book to the Union upon request. However, surveillance that is part of an on- going investigation shall not be entered in the log-book until the investigation is complete if doing so would likely undermine the effectiveness of the investigation. The log-book shall indicate who initiated the surveillance, the location of the surveillance, the duration of the surveillance, and the location in which the images or audio recordings are being stored. 2.12.11 Subject to Article 13.0510.05, information obtained through surveillance devices and practices shall not be used in any evaluation of an Employee’s teaching, research or service, in any renewal, promotion or tenure proceeding, nor shall it be made part of an Employee’s Academic file.