Canadian privacy & access decisions

The complainant alleged that his employer disclosed detailed personal information about his absence from the workplace to other employees in his work unit. The organization used an electronic scheduling program that allowed all employees to view approved leave information, including the reason for absence, for all other employees in their unit. The organization argued this was necessary to facilitate shift exchanges and meet collective agreement obligations. The OPC found that the leave information was personal information and that the disclosure was not for purposes a reasonable person would consider appropriate under subsection 5(3) of PIPEDA. The OPC determined that less privacy-intrusive means existed and that the benefits of the system were not proportional to the loss of privacy. The organization agreed to remove employee leave information viewable by co-workers from its scheduling program within 18 months.

• Whether the disclosed leave information constituted personal information under PIPEDA
• Whether the organization's purposes for disclosing employee leave information to other employees were appropriate in the circumstances under subsection 5(3) of PIPEDA
• Whether the disclosure of leave type was necessary for the organization to meet its employee schedule management needs
• Whether the benefits of the leave exchange system were proportional to the loss of privacy experienced by employees

The complainant requested access to the Firearms Registry database from the Royal Canadian Mounted Police (RCMP) on March 27, 2012, prior to the enactment of the Ending the Long-gun Registry Act. The complainant alleged that the RCMP provided an incomplete response, failed to justify the incompleteness, and obstructed the right of access by destroying responsive records. The investigation focused on whether the RCMP's actions, particularly the destruction of records, constituted an obstruction of the right of access under section 67.1 of the Access to Information Act. The Commissioner examined the circumstances surrounding the destruction of the Long-gun Registry data. The Commissioner found that the destruction of the records was carried out in accordance with a valid legislative process and did not constitute an obstruction of the right of access.

• Whether the information provided was incomplete
• Whether the RCMP justified the incomplete response
• Whether the destruction of responsive records by the RCMP obstructed the right of access under section 67.1 of the Act