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Immigration and Refugee Board of Canada wrongly disclosed intimate and medical information to an employee’s management team via a fitness to work report
An employee of the Immigration and Refugee Board of Canada (IRB) complained that their intimate personal and sensitive medical information, contained in a Fitness to Work (FTW) report, was disclosed to their management team without consent and for no reasonable purpose. The OPC investigated whether the IRB respected section 8 of the Privacy Act, specifically regarding consent and consistent use. The IRB argued the disclosure was a consistent use, but the OPC found that while some information disclosure was consistent, the highly intimate personal and sensitive medical information was not. The OPC concluded that the IRB contravened the Act by disclosing information internally that fell outside what is permissible. Despite some new processes, the IRB did not fully acknowledge wrongdoing or agree to all recommendations, leading to a well-founded and unresolved finding.