Canadian privacy & access decisions

An employee of a First Nation band council complained that two doctor's notes he submitted for leave requests were lost by the band office, leading to non-payment for his leave. The complainant also filed a complaint under the Canada Labour Code. The OPC's Early Resolution Unit engaged with the band council, which, while not confirming the loss of the notes, agreed to develop a privacy policy and adopt best privacy practices. The OPC provided resources to assist in this development. The complainant was satisfied with the band council's commitment to a privacy policy, leading to an early resolution of the privacy complaint, with the issue of lost notes to be addressed via the Canada Labour Code complaint. The band council subsequently adopted a privacy policy with the OPC's guidance.

• Whether a First Nation band council is a federal work, undertaking or business (FWUB) under PIPEDA
• Whether the personal information of employees of a FWUB is protected under PIPEDA
• Whether the First Nation band council adequately protected the complainant's medical information
• Whether the First Nation band council had appropriate privacy policies and practices in place