PC-010015-1

An individual (the "complainant") wrote to the Office of the Information and Privacy Commissioner (the "IPC"), complaining that the Ministry of Finance (the "Ministry") had breached his privacy by disclosing personal information about him to an employment agency. The complainant alleged that the Ministry had disclosed his personal information contrary to the Freedom of Information and Protection of Privacy Act (the Act).

The complainant worked at the Ministry, on a temporary work assignment that had been arranged through an employment agency. Prior to the conclusion of the assignment, the Ministry dismissed the complainant, expressing dissatisfaction with his performance. The complainant then sued the employment agency and the Ministry for wrongful dismissal. In defending against the complainant's wrongful dismissal action, the employment agency and the Ministry filed Statements of Defence. In the Statement of Defence filed by the employment agency, the employment agency described an incident involving the Ministry and the complainant:

… he was informed that his assignment was ended… Subsequent to this, the complainant made threatening comments requiring security involvement and removal from the client's premises.

The complainant asserts that the employment agency could not have known about the incident, unless the Ministry had informed the employment agency. The complainant accepts that the Ministry should be able to provide feedback to the employment agency on an individual's job performance. However, he contends that this incident did not relate to his job performance and that the Ministry acted contrary to the Act, by disclosing the incident to the employment agency. The complainant also disagrees with the Ministry's characterization of his comments as threatening and is of the view that the Ministry overreacted by calling security staff.

• FIPPA
• Section 42
• 2(1)

• Record
• verbal
• verbal comments and opinions