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This investigation was initiated as a result of a complaint concerning the Ministry of the Solicitor General and Correctional Services (the Ministry).
Specifically, the complainant was concerned about attendance review letters regarding sick time that had been sent to bargaining unit staff at one of the Ministry's correctional facilities. These letters were part of the process of the reviewing, monitoring and controlling of the attendance of all employees within the facility. Employees whose rate of absenteeism was becoming unacceptable were the subject of these letters.
The complainant was concerned, however, that the Ministry had not at any time notified the individuals involved, including himself, that the personal information contained in these attendance review letters had been collected. He was also concerned that the attendance review letters had subsequently been summarized in a list which was then posted on a notice board.
The complainant believed that these actions were in contravention of 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) Was notice of the collection of the personal information contained in the attendance letters given in accordance with section 39(2) of the Act?
(C) Was the personal information in the summary list disclosed in accordance with section 42 of the Act?
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