A major legislative gap remains when it comes to the protection of an employee’s privacy, particularly those who work outside government-regulated industries.

That’s according to Privacy Commissioner Michael Harvey, who calls it a major concern that triggered the release of a joint statement by commissioners from across the country this past fall.

Right now, provincial public sector workers are protected under ATIPPA, while federal government employees, and those who work in federally-regulated sectors like the airline industry, or telecommunications are protected under the Privacy Act.

The key problem says Harvey, and something that may come as a surprise, is that many employees in the private sector are not protected unless they work in British Columbia, Alberta or Quebec. Individual privacy is protected, but your privacy as an employee, is not protected. “So that’s a lot of people” says Harvey and “that’s a gap that commissioners felt needed to be addressed.”