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Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded & resolved

PIPEDA Case Summary #2016-009: Trucking company inappropriately disclosed employee’s drug test results to workers’ compensation board

Organization: An international trucking companyComplainant: Anonymous applicant
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Plain-language brief

An employee complained that his employer, an international trucking company, disclosed his positive drug test results to a provincial workers' compensation board (WCB) without his consent, and also to his co-workers. The employer stated it believed it was legally obligated to inform the WCB due to a change in the employee's work status and cited the provincial Workers' Compensation Act. The WCB clarified that the Act did not create an express duty for unsolicited disclosure of such information. The OPC found that the disclosure to the WCB was a contravention of PIPEDA Principles 4.3 and 4.5, as the information was used for a different purpose than collected without consent, and no legal obligation exception applied. The OPC also investigated the alleged disclosure to co-workers but found no evidence to support this claim. The employer implemented the OPC's recommendations, leading to a 'well-founded and resolved' outcome for the disclosure to the WCB.

Key issues
  1. 1Whether the disclosure of drug test results to the WCB without consent contravened PIPEDA Principles 4.3 and 4.5
  2. 2Whether the employer had a legal obligation to disclose the drug test results to the WCB under the provincial Workers' Compensation Act, thereby qualifying for an exception to consent under paragraph 7(3)(i) of PIPEDA
  3. 3Whether the employer disclosed the drug test results to co-workers without consent
Outcome breakdownFavours: Both, in part
  • Disclosure to WCB: Contravention of PIPEDA Principles 4.3 and 4.5
  • Legal obligation exception: Exception did not apply
  • Disclosure to co-workers: No evidence of disclosure
  • Complaint outcome: Well-founded and resolved
Outcome

Complaint well-founded and resolved regarding disclosure to WCB; not well-founded regarding disclosure to co-workers

Reasoning

The OPC found that the employer contravened PIPEDA by disclosing the drug test results to the WCB without consent and without a valid legal obligation exception. The employer subsequently implemented the OPC's recommendations, resolving the issue. No evidence was found to support the claim of disclosure to co-workers.

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Decision notes
Recommended action / remedy

The OPC recommended the company cease displaying lists of personnel selected for drug testing, revise its substance abuse policy to clarify obligations, reporting to third parties, and consent requirements, provide the revised policy to employees, and offer privacy training to employees and management.

Statutes considered
  • Principle 4.3 PIPEDA
  • Principle 4.5 PIPEDA
  • paragraph 7(3)(i) PIPEDA

This summary is informational only and not legal advice

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