Canadian Privacy Commissioners provide guidance on workplace privacy in the time of a pandemic
In response to inquiries from organizations seeking clarification as to the application of privacy laws in the private sector workplace during the H1N1 pandemic, the Office of the Privacy Commission of Canada, together with the Office of the Information and Privacy Commission for British Columbia and the Office of the Information and Privacy Commission of Alberta published a guidance document on the issue.
The federal Personal Information Protection and Electronic Documents Act, and the provincial privacy legislation in Alberta, British Columbia and Quebec apply in the usual way in the event of “non-emergency” situations. However, in the event of the declaration of a public emergency, the powers to collect, use and disclose personal information to protect the public health may be very broad. Orders issued under public health legislation could require the collection, use and disclosure of certain information relating to employees and customers, which collection would not be impeded by private sector privacy legislation.
The guidance document encourages employers to provide employees with information on prevention rather than asking employees personal questions that go beyond what is reasonable and minimally necessary.
