Canadian privacy & access decisions

An employee complained that his employer, an international trucking company, disclosed his positive drug test results to a provincial workers' compensation board (WCB) without his consent, and also to his co-workers. The employer stated it believed it was legally obligated to inform the WCB due to a change in the employee's work status and cited the provincial Workers' Compensation Act. The WCB clarified that the Act did not create an express duty for unsolicited disclosure of such information. The OPC found that the disclosure to the WCB was a contravention of PIPEDA Principles 4.3 and 4.5, as the information was used for a different purpose than collected without consent, and no legal obligation exception applied. The OPC also investigated the alleged disclosure to co-workers but found no evidence to support this claim. The employer implemented the OPC's recommendations, leading to a 'well-founded and resolved' outcome for the disclosure to the WCB.

• Whether the disclosure of drug test results to the WCB without consent contravened PIPEDA Principles 4.3 and 4.5
• Whether the employer had a legal obligation to disclose the drug test results to the WCB under the provincial Workers' Compensation Act, thereby qualifying for an exception to consent under paragraph 7(3)(i) of PIPEDA
• Whether the employer disclosed the drug test results to co-workers without consent