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Document
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I93-052P
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Institution/HIC
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MINISTRY OF HEALTH
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Summary
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INTRODUCTION Background of the Complaint This investigation was initiated as a result of a complaint concerning one of the Ministry of Health's psychiatric hospitals (the Hospital). The complainant, an employee of the Hospital, had been required to provide a medical certificate to the Hospital after being absent from work for one day. The medical certificate was then disclosed to the Hospital's Assistant Administrator, Patient Services (the Assistant Administrator); Regional Human Resources Administrator (the HR Administrator); and one of the Ministry's legal counsels (the Legal Counsel). The complainant stated that the disclosure of her personal information in the medical certificate to these individuals was contrary to the Freedom of Information and Protection of Privacy Act (the Act ). Issues Arising from the Investigation The following issues were identified as arising from the investigation: (A) Was the information in question "personal information", as defined in section 2(1) of the Act ? If yes, (B) Were the disclosures of the personal information to the Assistant Administrator, the HR Administrator, and the Legal Counsel, in accordance with section 42 of the Act ? RESULTS OF THE INVESTIGATION Issue A: Was the information in question "personal information", as defined in section 2(1) of the Act ? Section 2(1) of the Act states, in part: "personal information" means recorded information about an identifiable individual, including, (h) the individual's name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; The complainant provided a copy of the medical certificate in question. It contained the complainant's name, the name and address of her physician, the date she had been absent from work, and the fact that she had been absent from work for a "medical reason". It is our view that the information contained in the medical certificate met the requirements in paragraph (h) of the definition of personal information in section 2(1) of the Act . Conclusion: The information in question was "personal information" as defined in section 2(1) of the Act . Issue B: Were the disclosures of the personal information to the Assistant Administrator, the HR Administrator, and the Legal Counsel, in accordance with section 42 of the Act ? In support of her complaint, the complainant provided a policy dated 91/10/31 from the Hospital's Policy and Procedure Manual (the Policy). The subject of the Policy was "Confidentiality of Employee Health Records". The Purpose of the Policy was to safeguard the privacy of all employees of the Hospital, and to ensure that all individuals using Employee Health Services were protected from unauthorized or inappropriate disclosure of occupational health information. Point 3.3 of the Policy states: Information released to management shall be limited to the worker's fitness/unfitness to work, or restrictions on the worker's ability to perform all aspects of the job (Appendix 2). When an employee is absent from work due to injury or illness, the original copy of a doctor's certificate should be submitted to Employee Health Services. The information regarding the probable date of return and the prognosis will be relayed to the supervisor or manager concerned on a need-to-know basis only. No diagnosis or details of treatment are to be disclosed to management. The complainant stated that she had provided the medical certificate to her supervisor, upon request by the Assistant Administrator. When it was received, it was reviewed by the Assistant Administrator and the HR Administrator and discussed with Legal Counsel. The complainant submitted that, based upon the Hospital's Policy, the actual medical certificate should not have been disclosed by her supervisor to these individuals but should have gone directly to Employee Health Services where any relevant information would have been relayed to management on a need to know basis. Under the Act , personal information in the custody or control of an institution cannot be disclosed except in the specific circumstances outlined in section 42. With regard to the disclosure of the personal information in the medical certificate, the Ministry has relied upon section 42(d) of the Act , stating that the medical certificate was disclosed to the Assistant Administrator, the HR Administrator, and the Legal Counsel for justifiable, organizational reasons. Section 42(d) of the Act states: An institution shall not disclose personal information in its custody or under its control except, (d) where disclosure is made to an officer or employee of the institution who needs the record in the performance of his or her duties and where disclosure is necessary and proper in the discharge of the institution's functions; In our view, verifying an employee's absence from work by requesting an employee's medical certificate is an administrative function of the Hospital. The Assistant Administrator is the Chief Nursing Officer responsible for the entire administrative operation of the Patient Services Department. The HR Administrator is responsible for assisting the Assistant Administrator in ensuring that policies and procedures are interpreted correctly and uniformly across the Department and Hospital. In the circumstances of this case, the Assistant Administrator and the HR Administrator were involved in a legal matter between a group of employees, including the complainant, and the Hospital. The legal matter arose from an order made under the Occupational Health and Safety Act regarding minimum staffing requirements at the Hospital. The matter was dealt with at a hearing by the Ministry of Labour. The Assistant Administrator and the HR Administrator thought that there may have been a potential overlap between the absence of the complainant from work and the cancellation of the second day of the hearing with the Ministry of Labour, which th
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Legislation
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Subject Index
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Signed by
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Susan Anthistle
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Published
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Dec 16, 1993
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Type
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Privacy Complaint Report
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© Copyright
2013
Information and Privacy Commissioner of Ontario. All Rights Reserved.
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