Access to Employee File through PIPEDA

October 17th, 2011

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?

—Wayne

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.

Disclaimer

The information provided at PrivacySense is a labour of love and includes the author’s interpretation of privacy laws. Nothing is provided as legal advice — all information is provided as-is, with no warranty, neither stated, nor implied.

The laws that are applicable to you mary vary by city, province/state and country. Please seek proper legal advice before making any decisions.

Clear Screen Policy Templates

October 12th, 2009

You already know about the benefits of a Clear Screen Policy — now it’s time to implement one in your organization.

One of the easiest and most inexpensive ways to create a clear screen policy is to use a template or learn and adapt from other policies online.

Below you will find a list of clear screen templates and policies created by other organizations. Feel free to browse them, learn from them, and adapt them to your own organization:

Clear Screen Policy Templates