PC-040048-1

The Office of the Information and Privacy Commissioner (the IPC) received a complaint on behalf of an injured worker (the complainant) who had applied for Workplace Safety and Insurance Board (WSIB) benefits. The complainant contends that WSIB disclosed her personal medical history contrary to the Freedom of Information and Protection of Privacy Act (the Act). Specifically, the complainant alleges that a breach of privacy occurred when WSIB disclosed in its decision letter relating to the complainant’s claim the date of a particular medical exam and the physician’s opinion of an injury. This decision letter was sent by WSIB to the complainant’s employer and to Human Resources and Skills Development (HRSD) (formerly known as Human Resources Development Canada).

The complainant also contends that, before giving access to her personal medical information to her employer, WSIB should have notified her and given her the opportunity to object to the disclosure, as per sections 58 and 59 (1) of the Workplace Safety and Insurance Act (WSIA).

• FIPPA
• 2(1) personal information
• 42(c)

• Workplace Safety and Insurance Act (formerly Workers' Compensation Act)