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Federal (Canada)Personal Information Protection and Electronic Documents ActSettled

Settled case summary #22 — A counselling firm and An emergency services organization

Organization: A counselling firm and an emergency services organizationComplainant: Anonymous applicant
Plain-language brief

A complainant alleged that a counselling firm, part of her employer's Employee Assistance Program (EAP), improperly disclosed sensitive personal information to her employer and others. The firm revealed she was using counselling services and believed she was a danger to herself, which the complainant disputed as a misinterpretation. The OPC's investigation found that a miscommunication occurred during a phone call between the complainant and her counsellor regarding the meaning of "having a plan." The counsellor, believing the complainant was suicidal, contacted emergency services, including the complainant's workplace. The police later concluded the complainant posed no danger. The counselling firm and the complainant reached a private settlement with the OPC's involvement. The firm subsequently revised its policies on disclosing personal information, emphasizing detailed case notes and limiting information shared with emergency services.

Key issues
  1. 1Whether the counselling firm improperly disclosed personal information about the complainant to her employer and others
  2. 2Whether the information disclosed by the counselling firm was inaccurate
  3. 3Whether the counsellor misconstrued the complainant's statements during a telephone conversation
  4. 4Whether the counselling firm's disclosure of personal information was justified under circumstances of perceived imminent danger
Outcome breakdownFavours: Applicant / complainant
  • Improper disclosure: Miscommunication identified as cause
  • Policy revision: Firm revised disclosure policies
  • Settlement: Private settlement reached
Outcome

Complaint settled — policies revised

Reasoning

The complaint was settled privately between the complainant and the counselling firm with the OPC's assistance, leading to policy revisions by the firm.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The counselling firm revised its policies on the disclosure of personal information, advising counsellors to take more detailed case notes, provide only essential information to emergency workers, and cease disclosure once the risk is no longer immediate.

This summary is informational only and not legal advice

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