Wayne sends us a question regarding access to his employee file:

Question

I have a complaint with the Human Rights Tribunal against my former employer. I suspect they are lying and it can easily be proved through my personal file at work.

Through PIPEDA could I apply to have access to it?

Answer

Hi Wayne,

PIPEDA most commonly applies to personal information that an organization collects, uses, or discloses in the course of commercial activities.

The information you are requesting is better referred to as “employee personal information” and PIPEDA only applies if it is used or disclosed “in connection with the operation of a federal work, undertaking or business.”

In other words, if your organization is federally regulated and falls under the legislative authority of the Parliament of Canada, such as the telecommunications and broadcasting industry, or is a local businesses in Yukon, Nunavut, or the Northwest Territories, then PIPEDA will apply.

If that doesn’t apply to you, you may also have a chance to access your employee personal information if you live in BC, Alberta, or Quebec, where their privacy legislation applies to all personal information collected, employee or customer related.

If your organization is a federal work, undertaking, or business, or you work in the private sector of BC, Alberta, or Quebec, write a letter to your employer requesting all personal information subject to the relevant privacy legislation.

If you are not satisfied with the response and cannot work out the matter, you may file a complaint to the privacy commissioner’s office in the appropriate jurisdiction (BC, AB, QC, or Canada federally).

Best,
M.G.