Sharing of health information unjustified - July 9, 2014
The complainant alleged that the Public Service Commission of Canada (PSC) contravened the Privacy Act by disclosing her private medical information to multiple witnesses during an investigation into potential fraud. The OPC found that while the PSC's collection and use of the information were justified, the disclosure of the doctor's letter to all witnesses was not a "consistent use" and thus contravened the Act. The PSC has committed to implementing new procedures to ensure future compliance.
- Whether the disclosure of medical information to all witnesses in an investigation complied with the Privacy Act's "consistent use" provision.
- Whether the PSC's disclosure of medical information was necessary for procedural fairness.
- Whether the PSC's interpretation of "affected person" was overly broad, leading to excessive disclosure.
Complaint well-founded — corrective measures implemented.
The OPC found that while the PSC's investigation was legitimate, disclosing the complainant's sensitive medical information to all witnesses was not necessary for procedural fairness and was not a "consistent use" under the Act. The PSC has committed to implementing corrective measures.
AI-generated summary for reference only. Always verify against the official decision ↗
The PSC committed to implementing new procedures, including enhanced training and revised review processes for factual reports, to ensure compliance with the Privacy Act.
- s. 3 Privacy Act
- s. 4 Privacy Act
- s. 7 Privacy Act
- s. 8(1) Privacy Act
- s. 8(2)(a) Privacy Act
This summary is informational only and not legal advice.