BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Mishandling employees’ personal information – Public Services and Procurement Canada
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded
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Mishandling employees’ personal information – Public Services and Procurement Canada

Organization: Public Services and Procurement Canada
Decision: Apr 16, 2015Published: Apr 16, 2015

The complainant alleged that Public Services and Procurement Canada (PWGSC) contravened the Privacy Act when a Director disclosed that the complainant had filed a harassment complaint against her during a management meeting. The investigation confirmed the disclosure, and found that the Director had not obtained the complainant's consent and that the attendees did not need to know the information. As a result, the complaint was found to be well-founded.

  • Definition of personal information under section 3 of the Privacy Act
  • Rules regarding the disclosure of personal information under section 8 of the Privacy Act
  • Application of Treasury Board and departmental policies on confidentiality of harassment complaints

Complaint well-founded

The disclosure of the complainant's identity as someone who filed a harassment complaint was found to be a contravention of section 8(1) of the Privacy Act as consent was not obtained and the disclosure was not consistent with the purpose for which the information was obtained or compiled.

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Recommended action / remedy

The Commissioner recommended that the institution ensure that employees are aware of their obligations under the Privacy Act and departmental policies regarding the disclosure of personal information, particularly in the context of harassment complaints.

Statutory provisions cited
  • s. 3 Privacy Act
  • s. 8(1) Privacy Act
  • s. 8(2)(a) Privacy Act

This summary is informational only and not legal advice.