Commissioner’s Findings - PIPEDA Case Summary #2014-014 : Organization required to mask detailed personal-leave information available to other employees
The complainant alleged that his employer disclosed detailed personal information about his absence from the workplace to other employees in his work unit. The organization used an electronic scheduling program that allowed all employees to view approved leave information, including the reason for absence, for all other employees in their unit. The organization argued this was necessary to facilitate shift exchanges and meet collective agreement obligations. The OPC found that the leave information was personal information and that the disclosure was not for purposes a reasonable person would consider appropriate under subsection 5(3) of PIPEDA. The OPC determined that less privacy-intrusive means existed and that the benefits of the system were not proportional to the loss of privacy. The organization agreed to remove employee leave information viewable by co-workers from its scheduling program within 18 months.
- 1Whether the disclosed leave information constituted personal information under PIPEDA
- 2Whether the organization's purposes for disclosing employee leave information to other employees were appropriate in the circumstances under subsection 5(3) of PIPEDA
- 3Whether the disclosure of leave type was necessary for the organization to meet its employee schedule management needs
- 4Whether the benefits of the leave exchange system were proportional to the loss of privacy experienced by employees
- Personal information: Leave information deemed personal information
- Appropriate disclosure: Disclosure not for appropriate purposes
- Less intrusive means: Less intrusive means existed
- Proportionality: Benefits not proportional to privacy loss
- Remedy: Organization agreed to remove information
Complaint well-founded and conditionally resolved
The OPC found that the organization's disclosure of detailed personal leave information to co-workers was not for appropriate purposes under PIPEDA, as less privacy-intrusive alternatives existed and the benefits did not outweigh the privacy loss. The organization committed to implementing corrective measures.
The organization agreed to remove employee leave information viewable by co-workers from its employee shift scheduling program and other related tools and systems within 18 months.
- s.5(3) PIPEDA
This summary is informational only and not legal advice.
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