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Summary
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On September 31, 2003, the Office of the Information and Privacy Commissioner/Ontario (the IPC) received a telephone call from the Manager of the Freedom of Information and Privacy Office of the Ministry of Labour (the Ministry) regarding some files that had gone missing from a district office of the Employment Standards Branch. On October 6, 2003, a meeting was held at the IPC with the Manager of the Freedom of Information and Privacy Office, the Chief Administrative Officer of the Internal Administrative Services Division, and the Regional Director of Central Region of the Ministry. At this meeting, the Ministry confirmed that a number of employment standards files had gone missing from the Peel South District Office as well as other District Offices within the Operations Division.
On the basis of this information, the IPC initiated a privacy complaint under the Freedom of Information and Protection of Privacy Act (the Act).
Particulars Concerning the Incident
In February 2002, the local Manager in the Peel South District Office identified a problem with an Employment Standards Officer (ESO) not returning closed files in a timely manner. On July 15, 2002, a letter was issued to the ESO by the Regional Director demanding the return of all open and closed files. On July 17, 2002, the ESO confirmed in writing that he had returned all files in his possession. Verification of the ESO's claim that he had returned all files was difficult because the records management tracking and filing system contain numerous weaknesses that prevented the Ministry from verifying whether the files had been returned. The Ministry was unable to locate all of the files that had been recorded as assigned to this ESO. The ESO retired on August 12, 2002.
Employment standards cases are generated when individuals file an employment standards claim. A standard claim form is completed and signed by the individual which contains information such as the name, address, phone numbers, social insurance number, occupation, employment history, remuneration level and the name and address of the employers. Claim files may also contain other information including T4 slips, medical information, photographs, Workplace Safety and Insurance Information and other personal notes and records depending on the nature of the claim.
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