An essential quick reference for understanding the Personal Information Protection Act
This Quick Reference explains what personal employee information can or must be kept by the employer, what it can be used for, and with whom it can be shared. It outlines the employer requirements in each province with respect to the collection, disclosure, enforcement rules, process, and use of personal information by organizations.
New in this edition
- A discussion of the new Guidelines for Obtaining Meaningful Consent jointly published by the federal Privacy Commissioner and the B.C. and Alberta Privacy Commissioners
- Information on the new European Union (EU) General Data Protection Regulation (GDPR) and whether there is any impact on the “substantially similar” designation in relation to Canadian privacy legislation
- Details on the Federal Privacy Commissioner’s identification of a number of purposes for the collection, use or disclosure of personal information that are “no-go zones” and which will generally be considered inappropriate by a reasonable person
- Updates on recent case law, including Craig v. The Owners, Strata Plan 1526 (recording strata council member’s personal information in minutes), Comox Valley Distribution Ltd. v. United Steelworkers, Local 1-1937 (complaints about the disclosure of personal information as part of a meeting required by a collective agreement), Teck Coal Ltd. (Fording River and Elkview Operations) v. United Steelworkers, Locals 7884 and 9346 (randomized drug testing), Vancouver Dry Dock Co v. Marine Workers and Boilermakers Industrial Union Local 1 (grounds to support drug and alcohol testing), Zelstoff Celgar Ltd. v. Public and Private Workers of Canada Local 1 (evidence from a swipe card system being used to discipline an employee for alleged time theft), Compass Group Canada Ltd., Order P18.01 (withholding information on employment applications and reference forms because it would reveal the identity of interviewers and referees), University of British Columbia v. University of British Columbia Faculty Association (Galloway Grievance) (publishing misleading grounds for termination of a faculty member), and Grant Thornton Limited P2018-ND-056 (mistakenly sending information about other employees in packages sent by mail).