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Document
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I95-033M
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Institution/HIC
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INVESTIGATION REPORT INVESTIGATION I95-033M A Municipality August 31, 1995
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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 a Municipality. The complainant is a former employee of the Municipality's housing corporation. In a letter dated March 9, 1994, the complainant's then District Manager referred to the complainant's inability to work harmoniously with her colleagues and her work history of "conflict, disruption and turmoil," and requested that she obtain a medical certificate attesting to her "psychological and emotional competence." While the complainant refused to provide the medical certificate, she nonetheless questioned the Municipality's authority to collect this information. In July 1994, the Municipality terminated the complainant's employment, and the complainant subsequently applied for unemployment insurance (UI) benefits. In a hearing to determine the complainant's eligibility for benefits, a Board of Referees for Employment and Immigration Canada (EIC) referred the matter back to the EIC with a request that it obtain more details about the complainant's confrontational style and her inability to work harmoniously with her colleagues. In response to this request, the Municipality provided the EIC with a copy of a decision of the Ontario Labour Relations Board (the OLRB), which was made further to an application brought to the OLRB by the complainant regarding her union. The complainant submitted that because the OLRB's decision was irrelevant to the EIC's request, the Municipality's disclosure of it violated the Municipal Freedom of Information and Protection of Privacy Act (the Act ). As well as being an employee, the complainant was also a tenant of the Municipality's housing corporation. She stated that the following documents relating to her employment with the Municipality were delivered to her home in an unsecured fashion, in contravention of the Act : -- the aforementioned letter of March 9, 1994, -- a letter dated June 29, 1994 relating to the fact that the complainant had been suspended, -- the complainant's letter of termination dated July 14, 1994, and -- the complainant's 1992 OMERS pension statement. 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 the Municipality's proposed collection of the complainant's personal information, in compliance with section 28(2) of the Act ? (C) Was the complainant's personal information disclosed to the EIC, in compliance with section 32 of the Act ? (D) Was the complainant's personal information protected by the Municipality, in compliance with 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, (a) information relating to the race, national or ethnic origin, colour, religion, age , ... ... (c) any identifying number , symbol or other particular assigned to the individual, ... (h) the individual's name if 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; [emphasis added] The information that the Municipality had intended to obtain was a medical certificate attesting to the complainant's psychological and emotional competence. In our view, this information would have met the requirements of paragraph (h) of the definition of "personal information" in section 2(1) of the Act . The information in question also included information contained in the decision of the OLRB, which was: -- the complainant's name, -- a description of the complainant's application to the OLRB and the remedies she had sought, and the OLRB's decision in this regard, -- a description of the incidents about which the complainant had or had not filed grievances, and -- details of an "arrangement" the complainant's union had negotiated with the Municipality respecting the complainant's suspension grievance, and the fact that the complainant had rejected this arrangement. It is our view that this information met the requirements of paragraph (h) of the definition of "personal information" in section 2(1) of the Act . The information in question also included the March 9, June 29, and July 14, 1994 letters concerning the complainant's employment, and the complainant's 1992 OMERS pension statement, which contained her age, social insurance number and pension information. In our view, this information met the requirements of paragraphs (a), (c) and (h) of the Act . Conclusion: The information in question was "personal information" as defined in section 2(1) of the Act . Issue B: Was the Municipality's proposed collection of the complainant's personal information, in compliance with section 28(2) of the Act ? While the Municipality did not actually collect any information with regard to this incident, it had intended to collect a medical certificate from the complainant attesting to her psychological and emotional competence. Section 28(2) of the Act states: No person shall collect personal information on behalf of an institution unless the collection is expressly authorized by statute, used for the purposes of law enforcement or necessary to the proper administration of a lawfully authorized activity . (emphasis added) The Municipality submitted that its proposed collection of the medical certificate was necessary to the proper administration of a lawfully authorized activity. It stated: "the request for a medical certificate was necessary in order for (the named housing corporation) to carry out its role in managing staff." The Municipality explained that the complainant was given the option
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Legislation
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Subject Index
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Published
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Aug 31, 1995
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Type
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Privacy Complaint Report
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