The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.
The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.
For full contact information and a brief bio, please see David's profile.
The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.
This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.
Monday, February 12, 2007
Released today from the Information and Privacy Commissioner of Alberta:
Employee Assistance Provider found in contravention of Personal Information Protection Act
The Office of the Information and Privacy Commissioner has found that Wilson Banwell Human Solutions Inc. (Wilson Banwell) contravened the Personal Information Protection Act (PIPA) by disclosing more personal information than was necessary to a complainant's employer. The investigation also determined Wilson Banwell contravened PIPA by disclosing the complainant's personal information to a union for purposes that were not reasonable, and to an extent that was not reasonable.
After failing to pass a drug and alcohol test, the complainant was referred to Wilson Banwell, an Employee Assistance Provider (EAP), for a "return to work assessment." He signed a consent authorizing release of "assessment / treatment summaries" to his employer to facilitate his return to work. The complainant believed Wilson Banwell would limit its report to recommendations arising from the assessment. However, the Wilson Banwell psychologist sent a three-page report to both the complainant's employer and union. The report provided a summary of the clinical interview the psychologist conducted with the complainant, including details of a previous visit the complainant had made to Wilson Banwell on his own initiative, and some personal information of the complainant's wife.
The Investigator recommended Wilson Banwell:
- revise its "Release of Information" form to clarify exactly what information will be disclosed to a client's employer for return to work purposes, and
- remind all staff of Wilson Banwell's policies respecting written consent, and the requirement to disclose only the least amount of information necessary for reasonable purposes.
Wilson Banwell agreed to implement these recommendations.
I expect the result would have been the same if the complaint was brought under PIPEDA, except the parties wouldn't have been named.
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