Innocent targets of whistleblower law should learn of vindication
A public servant complained that Public Works and Government Services Canada (PWGSC) failed to provide her with access to her personal information, collected during an investigation under the Public Servants Disclosure Protection Act. Although the investigation completely exonerated her, she was not informed of this outcome. The Office found that while PWGSC correctly applied section 22.3 of the Privacy Act to refuse disclosure, it urged the department to inform subjects when allegations are unsubstantiated. The Commissioner also asked the Treasury Board Secretariat to develop mechanisms for departments to inform individuals of unsubstantiated allegations.
- Access to personal information collected during a whistleblower investigation
- Application of section 22.3 of the Privacy Act
- Obligation to inform individuals when allegations of wrongdoing are unsubstantiated
Complaint not well-founded, but recommendations made for procedural fairness
The department correctly applied section 22.3 of the Privacy Act to refuse disclosure of information collected for the purpose of a whistleblower investigation. However, the OPC recommended informing individuals when allegations are unsubstantiated.
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PWGSC was urged to inform subjects of inquiries when allegations of wrongdoing are unsubstantiated, and the Treasury Board Secretariat was asked to develop mechanisms for departments to do so.
- s. 22.3 Privacy Act
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