Sharing of health information unjustified - July 9, 2014
A complainant alleged that the Public Service Commission of Canada (PSC) improperly disclosed her medical information during an investigation into potential fraud in an appointment process. The PSC included a doctor's letter detailing the complainant's medical condition in a factual report, which was then shared with all witnesses in the investigation. The PSC argued this disclosure was necessary to uphold procedural fairness under paragraph 8(2)(a) of the Privacy Act, as all witnesses were "affected persons" who could face adverse conclusions. The OPC found that while procedural fairness may necessitate some disclosure, the PSC failed to demonstrate why the specific medical details were relevant or necessary for the witnesses to know. The OPC concluded that sharing the full doctor's letter was not a "consistent use" of the information and therefore contravened subsection 8(1) of the Privacy Act. The complaint was found to be well-founded, and the PSC committed to implementing new procedures to ensure compliance.
- 1Whether the disclosure of the complainant's medical information to witnesses was a "consistent use" under paragraph 8(2)(a) of the Privacy Act
- 2Whether the PSC's interpretation of "affected person" and the requirements of procedural fairness justified the disclosure of sensitive medical information to all witnesses
- 3Whether the PSC contravened subsection 8(1) of the Privacy Act by disclosing personal information without consent or a valid exception
- Disclosure of medical information: Disclosure contravened subsection 8(1) of the Privacy Act
- Necessity of disclosure: Institution failed to demonstrate necessity of specific medical details
- Procedural fairness argument: Procedural fairness did not justify full disclosure of medical details
- Complaint outcome: Complaint found to be well-founded
- Remedial action: Institution committed to implementing new procedures
Complaint well-founded — corrective measures committed
The OPC found that the PSC failed to demonstrate a "need to know" for the witnesses regarding the complainant's specific medical details, making the disclosure inconsistent with the purpose for which the information was collected and not justified by procedural fairness.
The PSC committed to implementing procedures to ensure compliance with the Privacy Act when disclosing personal information in investigations, including instructing investigators to be careful with sensitive information, clarifying expectations for interviewees, and reviewing factual reports before disclosure. The OPC will follow up within the next year to ensure implementation.
- s.3 Privacy Act
- s.4 Privacy Act
- s.7(a) 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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