Employer’s disclosure related to a transgender individual was contrary to the Privacy Act
The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint from an employee of a federal institution who alleged a breach of privacy. The employee's personal information regarding her transgender identity and the reasons for her transfer were disclosed to her new supervisor and colleagues without her consent, despite assurances of confidentiality. The OPC found this disclosure contravened the Privacy Act.
- Disclosure of personal information without consent
- Confidentiality of transgender status
- Application of the Privacy Act
Complaint well-founded and resolved
The institution disclosed the complainant's personal information regarding her transgender identity and reasons for transfer without her consent, which contravened section 8(1) of the Privacy Act. The institution took corrective actions, including creating new guidance, to address the breach.
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The institution was recommended to update its policies and procedures, and it created a new guidance document to support transgender employees and ensure privacy.
- s. 8(1) Privacy Act
- s. 8(2) Privacy Act
This summary is informational only and not legal advice.