Canadian privacy & access decisions

The spouse of a Correctional Services Canada (CSC) employee complained that the employee's manager inappropriately collected personal information about them from their public Facebook page in relation to the employee's use of "Other leave with pay (699)". The OPC found that CSC contravened section 4 of the Privacy Act by collecting information that was not related directly to an operating program or activity of CSC. The OPC also noted that CSC's ATIP office incorrectly advised the complainant on how to raise a privacy concern.

• Whether the collection of personal information from a public Facebook page was related directly to an operating program or activity of CSC.
• Whether information collected from a public source is exempt from the collection provisions of the Privacy Act.
• Whether CSC's ATIP office provided appropriate guidance to a member of the public wishing to raise a privacy concern.

The complainant alleged that Transport Canada improperly withheld information regarding applications and Minimum Safe Manning Documents for the motor vessel Spirit of Vancouver Island, citing personal information and confidential third-party commercial/technical information exemptions. The Information Commissioner found that the personal information exemption was no longer at issue. While some information on page 50 met the criteria for the third-party emergency management plan exemption (paragraph 20(1)(b.1)), the Commissioner found that only the titles and headings of that document should be disclosed. The Commissioner also found that the third-party commercial/technical information exemption (paragraph 20(1)(b)) was not met for any of the remaining withheld information.

• Application of paragraph 20(1)(b.1) to emergency management plans
• Application of paragraph 20(1)(b) to confidential third-party information
• Whether Transport Canada properly exercised its discretion regarding disclosure
• Whether the institution met the burden of proof for the exemptions

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint concerning the Immigration and Refugee Board of Canada's (IRB) improper disclosure of an employee's sensitive medical information to their management team. The IRB shared a "Fitness to Work" report containing intimate medical details without the employee's consent and beyond what was necessary for accommodation. The OPC found that while some information disclosure was consistent with the purpose of collection, the disclosure of highly sensitive medical information was not, thus contravening the Privacy Act. The IRB has since updated its policies and tools, but the OPC found the complaint to be well-founded and not adequately resolved, urging the IRB to implement its recommendations, including training and a meaningful apology.

• Whether the IRB obtained the complainant's consent to disclose their medical information.
• Whether the disclosure of the medical information in the FTW report to management constituted a "consistent use" under paragraph 8(2)(a) of the Privacy Act.
• Whether the IRB's disclosure practices complied with the Treasury Board Secretariat's "Standard" on fitness to work evaluations.
• The adequacy of the IRB's response to the OPC's recommendations.