Investigation into COVID-19 vaccination attestation requirements established by the Treasury Board of Canada for employees of the core public administration
The Office of the Privacy Commissioner of Canada (OPC) investigated 40 complaints against the Treasury Board of Canada Secretariat (TBS) and 19 other federal institutions regarding COVID-19 vaccination attestation requirements for federal employees. Complainants alleged unreasonable collection, lack of transparency, and inappropriate disclosure of personal information. The OPC found that the collection of vaccination status and accommodation information related directly to the institutions' operating programs and activities, such as health and safety and human resources management, and that transparency requirements under subsection 5(2) of the Privacy Act were met. However, TBS contravened subsection 11(1) of the Act by failing to update its personal information bank index within the required timeframe, though this issue was subsequently resolved. The OPC also found no systemic contraventions of disclosure provisions under section 8. While necessity and proportionality are not direct legal requirements of the Privacy Act, the OPC assessed the policy against these principles and found it to be necessary and proportional under the circumstances, despite weaknesses in TBS's documentation. The OPC recommended that TBS assess future privacy-invasive measures using a four-part test, a recommendation TBS did not commit to.
- 1Whether the information collected by institutions related directly to an operating program or activity of the institution as required by section 4 of the Privacy Act.
- 2Whether institutions properly met the transparency requirements of subsection 5(2) of the Privacy Act regarding informing individuals of the purpose of collection.
- 3Whether the Treasury Board of Canada Secretariat (TBS) complied with subsection 11(1) of the Privacy Act by publishing an index of personal information banks.
- 4Whether disclosures of personal information collected under the Policy were authorized under section 8 of the Privacy Act.
- 5Whether the collection of personal information was necessary and proportional, applying the OPC's four-part test.
- Collection of information: Collection found reasonable and related to operating programs
- Transparency (s.5(2)): Transparency requirements met
- Personal Information Bank Index (s.11(1)): TBS contravened by late update, subsequently resolved
- Disclosure of information (s.8): No systemic contraventions found
- Necessity and proportionality: Policy found necessary and proportional
- Future privacy assessments: Recommendation for future assessment test not committed to by TBS
Complaint well-founded and resolved in part, not well-founded in part.
The Treasury Board of Canada Secretariat failed to update its personal information bank index within the required timeframe, but subsequently resolved this contravention. Other allegations regarding collection, transparency (s.5(2)), and disclosure were not substantiated or were found to be compliant, and the measures were deemed necessary and proportional under the circumstances.
The Treasury Board of Canada Secretariat updated its personal information bank index to reflect the collected information, resolving the contravention of subsection 11(1) of the Privacy Act. The OPC also recommended that TBS assess any contemplated future vaccination measures against a four-part test, which TBS did not commit to implement.
- s.4 Privacy Act
- s.5(2) Privacy Act
- s.8(1) Privacy Act
- s.8(2)(a) Privacy Act
- s.11(1) Privacy Act
- s.7 Financial Administration Act
- s.11.1 Financial Administration Act
- s.124 Canada Labour Code
This summary is informational only and not legal advice.
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