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.
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About this page and the author
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.
Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.
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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.
Tuesday, April 10, 2007
Investigator: Employer did not violate PIPA by investigating whether staffer was looking for another job
OIPCApril 10, 2007
EPCOR Utilities Inc. found in compliance with Personal Information Protection Act
The Office of the Information and Privacy Commissioner has found that EPCOR Utilities Inc. (EPCOR) complied with the Personal Information Protection Act (PIPA) when it collected, used and disclosed personal employee information without consent. EPCOR’s collection, use and disclosure of the employee’s personal information was also found to be reasonable for purposes of an investigation.
The complainant, an EPCOR employee at the time, took a leave of absence from EPCOR. Shortly thereafter, EPCOR received unsolicited information suggesting the complainant was about to begin work for another company. EPCOR contacted the other company to verify the complainant’s alleged employment there. The complainant complained that EPCOR collected, used and disclosed his personal information without consent.
The Investigator found that EPCOR had collected, used and disclosed the complainant’s personal information to investigate a possible contravention of the complainant’s employment agreement. As such, consent was not required.
Further, the Investigator found that the information qualified as personal employee information under PIPA: the information was reasonably required to manage the complainant’s employment relationship with EPCOR, and consisted only of information related to that employment relationship. The complainant was notified at the time of hire that his personal information could be collected, used or disclosed for investigation purposes. As such, EPCOR did not require consent to collect, use and disclose the complainant’s personal employee information in these circumstances.
For more information about investigation report P2007-IR-004, please visit our website at: http://www.oipc.ab.ca/
Labels: alberta, employment, pipa, privacy
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