Federal (Canada)Privacy ActWell-founded

Personal data of 191 EI claimants disclosed

Organization: Human Resources and Skills Development CanadaComplainant: 82 Employment Insurance claimants
Plain-language brief

The Office of the Privacy Commissioner of Canada (OPC) received 82 complaints after Human Resources and Skills Development Canada (HRSDC) inadvertently disclosed the personal information of 191 Employment Insurance (EI) claimants to another individual. The disclosure occurred when an individual appealing an EI claim denial received an appeal docket that included names, dates of birth, employee identification numbers, and Social Insurance Numbers of 191 fellow employees, along with a second list of employment and leave statuses. The OPC's investigation confirmed that in 79 instances, the information was indeed released, leading to well-founded findings. HRSDC took immediate steps to retrieve the data, notify affected parties, and advise on identity theft prevention. They also implemented measures to prevent future recurrences, including reminding officials of proper procedures for protecting personal information during appeals.

Key issues
  1. 1Whether Human Resources and Skills Development Canada inadvertently disclosed personal information of EI claimants
  2. 2Whether the disclosure of names, dates of birth, employee identification numbers, and Social Insurance Numbers constituted a contravention of the Privacy Act
  3. 3Whether the disclosure of employment and leave status constituted a contravention of the Privacy Act
Outcome breakdownFavours: Both, in part
  • Disclosure of personal information: Disclosure confirmed for 79 complaints
  • Compliance with privacy principles: Complaints found well-founded
  • Remedial actions by institution: Institution took corrective measures
  • Future prevention measures: Institution implemented preventative steps
Outcome

79 complaints well-founded, 2 not well-founded, 1 discontinued

Reasoning

The OPC found 79 complaints well-founded because HRSDC inadvertently disclosed sensitive personal information. The outcome is 'well-founded-resolved' because HRSDC took immediate and satisfactory corrective measures to address the breach and prevent recurrence.

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Decision notes
Recommended action / remedy

Human Resources and Skills Development Canada retrieved the improperly disclosed data, notified affected parties, advised them on reducing identity theft risks, provided a contact person, notified the OPC of the breach, flagged Social Insurance Numbers for monitoring, and reminded officials of proper procedures to prevent recurrence.

This summary is informational only and not legal advice.

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