
Mishandling employees’ personal information – Public Services and Procurement Canada
An individual complained that Public Services and Procurement Canada (PSPC) mishandled her personal information by disclosing that she had filed a harassment complaint against her Director. The complainant alleged that the Director revealed this information during a management meeting. The investigation confirmed that the Director disclosed at a management meeting that the complainant had filed a complaint against her, as evidenced by meeting notes and confirmations from attendees. While the Director claimed the information was also her personal information, the OPC found no evidence that the employees present at the meeting needed to know the complainant's identity. The OPC concluded that PSPC did not reasonably consider the appropriateness of disclosing the complainant's identity without her consent, violating the Privacy Act.
- 1Whether the disclosure of the complainant's identity as having filed a harassment complaint constituted personal information under s.3 of the Privacy Act
- 2Whether the disclosure of the complainant's identity was made without her consent
- 3Whether the disclosure was for a purpose consistent with the purpose for which the information was obtained or compiled, as per s.8(2)(a) of the Privacy Act
- 4Whether the employees present at the meeting needed to know the complainant's identity
- Disclosure of personal information: Disclosure of complainant's identity violated Privacy Act
- Appropriateness of disclosure: Institution failed to consider appropriateness of disclosure
Complaint well-founded
The OPC found that the Director disclosed the complainant's identity without her consent and without a legitimate 'need to know' by the attendees, thus failing to comply with the Privacy Act's disclosure provisions.
- s.3 Privacy Act
- s.8(1) Privacy Act
- s.8(2)(a) Privacy Act
This summary is informational only and not legal advice.
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