PIPEDA Case Summary #2016-009: Trucking company inappropriately disclosed employee’s drug test results to workers’ compensation board
An individual complained that his employer, an international trucking company, disclosed his positive drug test results to a provincial workers' compensation board (WCB) without his consent. The company claimed it was legally obligated to do so. The OPC found the disclosure was a contravention of PIPEDA as the company's belief of a legal obligation was inaccurate, and the WCB did not require the information. The complaint regarding disclosure to co-workers was not substantiated. The company implemented the OPC's recommendations, leading to the complaint being resolved.
- Whether disclosure of drug test results to WCB required consent
- Whether disclosure to WCB was a legal obligation under PIPEDA s. 7(3)(i)
- Whether drug test results were disclosed to co-workers
- Whether the company's random drug testing program violated PIPEDA
Complaint well-founded and resolved regarding disclosure to WCB; complaint not well-founded regarding disclosure to co-workers.
The company disclosed the employee's drug test results to the WCB without consent, and its belief that it was legally obligated to do so was inaccurate. No evidence was found that the results were disclosed to co-workers.
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The company was recommended to revise its substance abuse policy, cease displaying lists of employees selected for drug testing, provide employees with the revised policy, and conduct privacy training for employees and management.
- Principle 4.3 PIPEDA
- Principle 4.5 PIPEDA
- s. 7(3)(i) PIPEDA
This summary is informational only and not legal advice.