ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER P August 13, NINKOVICH GRAVEL LTD. and SAFETY DOCUMENTS

Similar documents
ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 19, 2013 WORKERS COMPENSATION BOARD. Case File Number F5771

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER P September 10, 2018 PRIMARIS MANAGEMENT INC. Case File Number

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F June 4, 2018 ALBERTA HUMAN RIGHTS COMMISSION. Case File Number F8587

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 15, 2011 CALGARY POLICE SERVICE. Case File Number F5425

Review and Investigation Procedures

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 20, 2017 EDMONTON POLICE SERVICE. Case File Number F8141

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F November 12, 2014 ALBERTA JUSTICE AND SOLICITOR GENERAL

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 10, 2018 EDMONTON POLICE COMMISSION. Case File Number

Order P18-01 COMPASS GROUP CANADA LTD. Elizabeth Barker Senior Adjudicator. January 23, 2018

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F January 12, 2017 ALBERTA HEALTH SERVICES. Case File Number F8441

Order F08-15 COLLEGE OF PSYCHOLOGISTS OF BRITISH COLUMBIA. Michael McEvoy, Adjudicator. September 4, 2008

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F February 9, 2018 CITY OF EDMONTON. Case File Number

ORDER F / H

Order VANCOUVER POLICE DEPARTMENT. Celia Francis, Adjudicator September 1, 2004

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F March 28, 2017 WORKERS COMPENSATION BOARD. Case File Number F8005

GUIDE TO OIPC PROCESSES (PIPA)

Order BRITISH COLUMBIA ARCHIVES. Celia Francis, Adjudicator August 21, 2002

ALBERTA INFORMATION AND PRIVACY COMMISSIONER

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F November 2, 2016 CALGARY POLICE SERVICE. Case File Number F7427

INTERVIEW QUESTIONS - WORKERS' COMPENSATION APPEALS POLICY AND PROCESS JURISDICTION: NOVA SCOTIA 1. STRUCTURE OF APPEAL PROCESS

Order MINISTRY OF CHILDREN AND FAMILY DEVELOPMENT. Celia Francis, Adjudicator September 1, 2004

Decision F10-06 VANCOUVER COASTAL HEALTH AUTHORITY. Celia Francis, Senior Adjudicator. June 7, 2010

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F June 30, 2016 CALGARY POLICE SERVICE. Case File Number F7689

Decision F08-06 TOWNSHIP OF LANGLEY. Celia Francis, Senior Adjudicator. July 16, 2008

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F February 9, 2018 ALBERTA JUSTICE AND SOLICITOR GENERAL

Order F07-07 ELECTIONS BRITISH COLUMBIA. David Loukidelis, Information and Privacy Commissioner. March 30, 2007

Order F05-33 CITY OF BURNABY. Mary Carlson, Adjudicator October 7, 2005

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F March 3, 2017 CHILDREN S SERVICES. Case File Number F7907

Order F05-21 LAND AND WATER BRITISH COLUMBIA INC.

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 8, 2016 UNIVERSITY OF LETHBRIDGE. Case File Number

Freedom of Information Act 2000 (Section 50) Decision Notice

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ADJUDICATION ORDER #6. January 30, 2009 COMMISSIONER

Order F16-15 DISTRICT OF WEST VANCOUVER. Ross Alexander Adjudicator. March 15, 2016

ALBERTA INFORMATION AND PRIVACY COMMISSIONER ORDER May 3, 2000 ALBERTA CHILDREN S SERVICES. Review Number 1713

Taking Your Complaint to a Human Rights Tribunal. A handout for complainants with carriage

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F December 9, 2016 ALBERTA JUSTICE AND SOLICITOR GENERAL

Decision F05-01 BRITISH COLUMBIA HYDRO AND POWER AUTHORITY. David Loukidelis, Information and Privacy Commissioner February 3, 2005

P July 14, 2011

Order COLLEGE OF DENTAL SURGEONS OF BRITISH COLUMBIA

ALBERTA INFORMATION AND PRIVACY COMMISSIONER

Order MINISTRY OF WATER, LAND AND AIR PROTECTION

Order F12-12 MINISTRY OF JUSTICE. Catherine Boies Parker, Adjudicator. August 23, 2012

IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2016] NZHRRT 20 FIRST PLAINTIFF JASON EDWARDS CAPITAL AND COAST DISTRICT HEALTH BOARD DEFENDANT

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F November 26, 2015 ALBERTA JUSTICE AND SOLICITOR GENERAL

Order F14-44 WORKERS COMPENSATION APPEALS TRIBUNAL. Elizabeth Barker, Adjudicator. October 3, 2014

Order F Ministry of Justice. Hamish Flanagan Adjudicator. March 18, 2015

Order FRASER HEALTH AUTHORITY

Order F16-01 LANGARA COLLEGE. Wade Raaflaub Adjudicator. January 20, 2016

Order INQUIRY REGARDING THE UNIVERSITY OF BRITISH COLUMBIA S SEARCH FOR RECORDS

Order CITY OF VANCOUVER

PERSONAL INFORMATION PROTECTION ACT

NOVA SCOTIA FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER DECISION F2017-D-01. July 31, 2017 UNIVERSITY OF CALGARY. Case File Number F4833

Order F16-44 BC CORONERS SERVICE. Celia Francis Adjudicator. September 21, 2016

Investigation Report. Complaint about a Saskatchewan Employment Act Adjudicator

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER H September 22, 2006 CALGARY HEALTH REGION. Review Number H0960

Decision F08-08 INSURANCE CORPORATION OF BRITISH COLUMBIA. Celia Francis, Senior Adjudicator. July 24, 2008

Order F09-24 MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL. Jay Fedorak, Adjudicator. November 19, 2009

THE NOVA SCOTIA FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

Right to sue; In the course of employment (proceeding to and from work).

INSTRUCTIONS TO TENDERERS

Order VANCOUVER COASTAL HEALTH AUTHORITY

Decision F08-11 LAW SOCIETY OF BRITISH COLUMBIA. Celia Francis, Senior Adjudicator. December 5, 2008

SASKATCHEWAN OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER

ARBITRATION APPEAL PROCEDURE OF MICHIGAN

Ombudsman Report. Investigation into complaints about closed meetings held by Council for the City of London on May 17 and June 23, 2016

Report of a Complaint Handling Review in relation to Police Scotland

California Bar Examination

Complaint about the Police use of a vehicle checkpoint

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER

MINISTRY OF HEALTH SERVICES

SASKATCHEWAN HUMAN RIGHTS CODE BILL. No. 160

DATA PROTECTION ACT 1998 SUPERVISORY POWERS OF THE INFORMATION COMMISSIONER MONETARY PENALTY NOTICE

INDEX. A Access and correction requests, see also Access to and correction of personal information. .. Part 8 of the Act, 110

Order F17-40 BRITISH COLUMBIA TRANSIT CORPORATION. Celia Francis Adjudicator. September 25, 2017

Fourth Amendment United States Constitution

Decision F07-03 MINISTRY OF ECONOMIC DEVELOPMENT. David Loukidelis, Information and Privacy Commissioner. June 22, 2007

Order COLLEGE OF PHARMACISTS OF BRITISH COLUMBIA

INSURANCE CORPORATION OF BRITISH COLUMBIA

REPORT OF THE HEARING COMMITTEE

INDEX. A Access and correction requests, see also Access to and correction of personal information. .. Part 8 of the Act, 115

Order F14-20 MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE. Hamish Flanagan Adjudicator. June 30, 2014

Order CITY OF VANCOUVER. David Loukidelis, Information and Privacy Commissioner January 12, 2004

Order F16-25 BC SECURITIES COMMISSION. Elizabeth Barker Senior Adjudicator. May 17, 2016

Making official information requests

Staff Report Human Resources

HUMAN RIGHTS TRIBUNAL OF ONTARIO DECISION

IN THE MA ICI ER OF THE HUMAN RIGHTS CODE R.S.B.C. 1996, c. 210 (as amended)

Adjudication in a matter raised by Ms Samantha Denham

BOARD DECISION ON REMEDY AND DAMAGES AND COSTS. Counsel for the Complainant Yukon Inc. ( Intersport ) Respondent represented by owner,

NOTICE OF DECISION. AND TO: Chief Constable Police Department. AND TO: Inspector Police Department. AND TO: Sergeant Police Department AND TO:

BERMUDA POLICE COMPLAINTS AUTHORITY ACT : 29

THE PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER PROTECTION) ACT

Galliford Try Construction Ltd v Mott MacDonald Ltd [2008] APP.L.R. 03/14

Nestlé Canada Inc. Privacy Policies and Practices April 13, 2012

INDEPENDENT CONTRACTOR AGREEMENT YOUTH VOLLEYBALL OFFICIATING

Order F17-46 UNIVERSITY OF BRITISH COLUMBIA. Celia Francis Adjudicator. October 19, 2017

ALBERTA INFORMATION AND PRIVACY COMMISSIONER

The New Mandatory Data Breach Requirements under Canada s Federal Privacy Act

LAW SOCIETY OF ALBERTA IN THE MATTER OF THE LEGAL PROFESSION ACT; AND

Transcription:

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER P2018-02 August 13, 2018 NINKOVICH GRAVEL LTD. and SAFETY DOCUMENTS Office URL: www.oipc.ab.ca Case File Number: 001630/003293 Summary: The Complainant complained that Safety Documents (the Safety Consultant) disclosed her personal information (that she had a back injury and made a WCB claim) to another trucking company in contravention of the Personal Information Protection Act (the Act). The Adjudicator found that the Safety Consultant did not disclose the Complainant s personal information to the other trucking company. Statutes Cited: AB: Personal Information Protection Act, S.A. 2003 c. P-6.5 ss. 1, 5, and 52. I. BACKGROUND [para 1] The Complainant was employed by Ninkovich Gravel Ltd. (the Organization) when she sustained a back injury. At the time of the injury, Safety Documents (the Safety Consultant) was working as an independent contractor for the Organization and also for another trucking company, J. Coulson Construction Ltd. (trucking company). [para 2] The Complainant alleges that the Organization disclosed the fact that she had a back injury to the trucking company contrary to the Personal Information Protection Act (the Act). 1

[para 3] On September 1, 2015, the Complainant complained about this alleged disclosure to this Office. Mediation was authorized but did not resolve the matter and on June 20, 2016, the Complainant requested an inquiry. II. ISSUES [para 4] The Notice of Inquiry dated December 6, 2017 states the issues in this inquiry as follows: 1. Did Safety Documents disclose the Complainant s personal information to J. Coulson Construction Ltd.? 2. If Safety Documents disclosed the Complainant s personal information, did this Organization have the authority to collect / use / and disclose the information without consent, as permitted by sections 15, 18, and 21 of PIPA? 3. If Safety Documents did not have the authority to collect / use / disclose the information without consent, did the Organization obtain the Complainant s consent in accordance with section 8 of the Act, before collecting / using / disclosing the information? 4. If Safety Documents disclosed the Complainant s personal information from Ninkovich Gravel without authority, did Ninkovich Gravel make reasonable safety arrangements against the risk of unauthorized collection, use, and disclosure within the terms of section 34 of PIPA to prevent this outcome? III. DISCUSSION OF ISSUES [para 5] According to the information I have, the Safety Consultant was acting as an independent contractor, contracting with the Organization at the time of the alleged breach. Section 5(2) of the Act states: 5(2) For the purposes of this Act, where an organization engages the services of a person, whether as an agent, by contract or otherwise, the organization is, with respect to those services, responsible for that person s compliance with this Act. [para 6] Therefore, the Organization is responsible for the Safety Consultant s compliance with the Act. However, section 5(6) of the Act states: 5(6) Nothing in subsection (2) is to be construed so as to relieve any person from that person s responsibilities or obligations under this Act. [para 7] As a result, the Safety Consultant, as an organization, also has obligations that must be met under the Act. 2

1. Did Safety Documents disclose the Complainant s personal information to J. Coulson Construction Ltd.? [para 8] Personal information is defined in section 1(1)(k) Act as follows: 1(1)(k) personal information means information about an identifiable individual; [para 9] The information that the Complainant believes was disclosed by the Safety Consultant to the trucking company was that she suffered a back injury at work and made a Workers Compensation Claim. This information fits within the definition of personal information. So, I must now decide if the Safety Consultant did, in fact, disclose the Complainant s personal information to the trucking company as the Complainant alleges. [para 10] The Complainant was injured on the job while working at the Organization as a truck driver. At the time of her injury, the Safety Consultant was an independent contractor for the Organization. Her responsibilities included filling out paper work regarding the Organization s employees Workers Compensation Claims. As a result, the Safety Consultant was aware of the Complainant s injury. [para 11] According to the Complainant she applied for a job with the trucking company and was asked by the owner to tell him about her back injury. The Complainant asked the owner of the trucking company how he knew about her injury and he stated that the Safety Consultant had told him about it. She also states that: Soon after [the owner of the trucking company] hired me [the general manager of the trucking company] informed me that [the Safety Consultant] was calling [the owner of the trucking company] continually harassing [the owner of the trucking company] cause (sic) he hired me. Tthe general manager of the trucking company] told me it was stressing [the owner of the trucking company] out that [the Safety Consultant] was calling him steady. [para 12] In support of her position, the Complainant provided a statement signed by the owner and general manager of the trucking company that stated in part: On or about 12 September 2015, [the trucking company] received a phone call from [the Safety Consultant] in regards to our hiring [the Complainant]. [The Safety Consultant] was inquiring if we had hired [the Complainant] as a truck driver for our company. In reply to her question, she was given the answer that yes, [the Complainant] is now employed with [the trucking company] as a truck driver and that she was an excellent employee within our company. Also, previous to our hiring [the Complainant], about a year ago we were informed by [the Safety Consultant] our Safety Officer at that time, that [the Complainant] had hurt her back while employed with [the Organization]. [The Safety Consultant] was also the Safety Officer for [the Organization]. 3

While [the Safety Consultant] was employed as our Safety Officer she informed us that we should not hire [the Complainant] because of her WCB claim for her back injury while employed with [the Organization]. [para 13] In contrast, the Safety Consultant states that she did not disclose the Complainant s personal information to the trucking company, or anyone else. She states: Monday Jan 27, 2014 I went to work at [the trucking company] like I did every Monday. At that time [the owner of the trucking company] had told me that one of [the Organization s] crew had an accident at the work site on Friday and had hurt herself. [The owner of the trucking company] knew about the injury. [The owner of the trucking company] knew this because the two companies worked very close together for years. The two company s (sic) workers were in communication with each other constantly. Nothing happened at the gravel pit that both companies didn t know about, such is the life of a gravel hauling company. I finished my work at [the trucking company] and went to [the Organization]. I quit working for [the trucking company] shortly afterward. When I left [the trucking company] the owners were upset with me, particularly [the general manager]. I left because of various reasons and they were not happy at all, they are still not happy with me. Never have I informed [the owner and general manager of the trucking company] of [the Complainant s] medical records, nor did I divulge any of her private information to anybody. I have only talked to [the owner of the trucking company] once since I left, and it was to discuss safety related issues, nothing more. I have never called to harass [the owner of the trucking company] about hiring [the Complainant] and quite frankly I find it slanderous that [the Complainant] would say I did. [para 14] In her rebuttal, the Complainant states: In regards to her employment at [the trucking company] [the Safety Consultant] was found to of neglected to do her job there which caused [the trucking company] to loose (sic) their Core. [para 15] If this was in fact true or what the trucking company believed to be true, the Safety Consultant s contention that the trucking company was upset with her seems to be somewhat supported. [para 16] It is clear that the evidence of the Safety Consultant and the Complainant are at odds such that I need to determine which version of events I accept. I have determined that I accept the Safety Consultant s version. My reason for doing so is that I feel the Safety Consultant s version of events is more plausible. 4

[para 17] First, I believe that when working on the same site as other truck drivers, word of an injured worker that had to be taken to the hospital would be noticed by others workers and discussed, such that word of the Complainant s injury likely would have already been known to the owner of the trucking company. [para 18] In addition, throughout the Complainant s submissions, she refers to the Safety Consultant harassing the owner of the trucking company both before and after the Complainant was hired by them and telling them not to hire the Complainant. In fact, the letter signed by the owner and general manager of the trucking company details one phone call where the Safety Consultant asked if the Complainant was working there as a truck driver. Notably missing from that letter, signed by the parties to the conversation, was mention of the Safety Consultant telling the trucking company not to hire the Complainant. As well, there is no mention in the letter that the owner and general manager of the trucking company were being continually contacted (or harassed) by the Safety Consultant. So it seems that the Complainant may have overstated the amount and nature of the contact between the Safety Consultant and the trucking company. [para 19] As well, I cannot see any motivation that the Safety Consultant would have to try and dissuade the trucking company from hiring the Complainant. There is no mention in the Complainant s submissions or evidence that would suggest why the Safety Consultant might take such a keen interest in this subject. [para 20] Finally, I note that the conversation between the Safety Consultant and the owner of the trucking company wherein the owner of the trucking company said that the Safety Consultant told him about the Complainant s injury happened about a year before the letter was written. Therefore, the details of the conversation and the circumstances surrounding are not as clear as they would have been closer to the date of the conversation. For instance, the date of the conversation was not known. In contrast, the Safety Consultant seems to have a clearer recollection of that conversation. [para 21] I find that the Safety Consultant did not disclose the Complainant s personal information to the trucking company and therefore the Safety Consultant and the Organization did not breach the Act. As a result, I do not need to decide the remaining issues in this inquiry. IV. ORDER [para 22] I make this Order under section 52 of the Act. [para 23] I find that the Safety Consultant did not disclose the Complainant s personal information in contravention of the Act. Keri H. Ridley Adjudicator 5