Federal (Canada)Privacy ActWell-founded

Investigation into the treatment by a government institution of the personal information of two employees with the same name

Organization: A federal government institutionComplainant: Anonymous applicant
Plain-language brief

An employee complained that her personal information was repeatedly disclosed to another employee with the same name, and that numerous administrative errors occurred in their respective files. The OPC found that the government institution contravened section 8 of the Privacy Act by mistakenly disclosing the complainant's personal information, including her PRI, email, mailing address, and financial and health information. It also contravened subsection 6(2) of the Act by failing to ensure the accuracy of personal information used for administrative purposes, leading to errors in employee files. The OPC concluded that these issues were systemic due to human error and a lack of awareness among employees regarding privacy breach reporting procedures. The institution accepted the OPC's recommendations to prevent unauthorized disclosures and ensure data accuracy, leading to a conditionally resolved finding.

Key issues
  1. 1Whether the government institution contravened section 8 of the Privacy Act by mistakenly disclosing the complainant’s personal information to another employee with the same name
  2. 2Whether the government institution contravened subsection 6(2) of the Privacy Act by failing to ensure that personal information used for administrative purposes was accurate, up-to-date, and complete
  3. 3Whether the repeated disclosures and inaccuracies constituted a systemic problem
  4. 4Whether the institution's assessment of the sensitivity of the disclosed information was appropriate
Outcome breakdownFavours: Applicant / complainant
  • Unauthorized disclosure: Contravention of s.8 Privacy Act
  • Accuracy of personal information: Contravention of s.6(2) Privacy Act
  • Systemic issues: Identified human error and lack of awareness
  • Recommendations: Institution accepted recommendations
  • Resolution: Conditionally resolved finding
Outcome

Complaint well-founded and conditionally resolved

Reasoning

The OPC found that the institution repeatedly disclosed personal information in error and failed to ensure the accuracy of information used for administrative purposes. The institution accepted the OPC's recommendations and committed to taking corrective actions, leading to a conditionally resolved outcome.

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Decision notes
Recommended action / remedy

The OPC recommended that the government institution provide results of incident assessments, outline concrete measures to prevent unauthorized disclosures and ensure data accuracy, and confirm that a reminder about reporting privacy breaches was sent to all areas.

Statutes considered
  • s.8 Privacy Act
  • s.6(2) Privacy Act

This summary is informational only and not legal advice.

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