Innocent targets of whistleblower law should learn of vindication

A public servant complained that Public Works and Government Services Canada (PWGSC) refused to provide her with personal information collected during an investigation under the Public Servants Disclosure Protection Act, which had exonerated her. The OPC found that PWGSC correctly applied section 22.3 of the Privacy Act, which mandates refusal to disclose information created for whistleblower disclosures or related investigations. Therefore, the complaint was not well-founded regarding access to information. However, the OPC was concerned that individuals cleared of wrongdoing were not informed of their vindication. The OPC urged PWGSC to inform subjects when allegations are unsubstantiated, and PWGSC subsequently did so for the complainant. The Commissioner also asked the Treasury Board Secretariat to develop guidelines for all departments to inform individuals when allegations of wrongdoing are unsubstantiated, citing procedural fairness and natural justice.