BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/Commissioner’s Findings - PIPEDA Case Summary #2014-014 : Organization required to mask detailed personal-leave information available to other employees
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActCommissioner’s Findings - PIPEDA Case Summary #2014-014Well-founded & conditionally resolved
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Commissioner’s Findings - PIPEDA Case Summary #2014-014 : Organization required to mask detailed personal-leave information available to other employees

Organization: The organization
Decision: Oct 31, 2014Published: Oct 31, 2014

The complainant alleged that his employer disclosed detailed personal information about his absence from the workplace to other employees. The organization used an electronic scheduling program that allowed all employees to view the reasons for colleagues' absences. The OPC found that this disclosure constituted a contravention of PIPEDA, as the organization's purposes were not appropriate and less privacy-intrusive means were available to manage employee schedules and shift exchanges. The organization committed to removing the detailed leave information from its systems.

  • Appropriate purposes for disclosure of personal information
  • Balancing employee privacy with operational needs
  • Necessity of disclosing reasons for absence
  • Interpretation of collective agreement obligations

Complaint well-founded but conditionally resolved pending corrective action.

The OPC determined that the organization's disclosure of detailed reasons for employee absences to all colleagues was not for a purpose that a reasonable person would consider appropriate, as less privacy-intrusive means existed. The organization committed to resolving the issue by modifying its scheduling program.

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Recommended action / remedy

The organization agreed to remove employee leave information viewable by co-workers from its employee shift scheduling program and related tools and systems.

Statutory provisions cited
  • s. 5(3) PIPEDA

This summary is informational only and not legal advice.