Freedom of Information and Privacy Act Overview

Freedom of Information and Protection of Privacy Act (FOIPPA)

• One key principle in the FOIPPA is the right to privacy, which ensures individuals have access and control over their personal information held by public bodies.
• Individuals can request access to their personal information held by public bodies under this Act.
• If they believe their personal information has been mishandled, they can file a complaint with the Information and Privacy Commissioner to investigate and resolve the issue.

Personal Information Protection and Electronic Documents Act (PIPEDA)

• This legislation protects personal information held by organizations in the private sector.

Role of Information and Privacy Commissioner

• The Information and Privacy Commissioner oversees the administration of the Personal Information Protection and Electronic Documents Act (PIPEDA).
• Their role includes promoting awareness and education regarding the legislation, investigating complaints regarding privacy breaches, and enforcing the Act.

Alberta's PIPA Amendments

• A significant change concerning Alberta's Personal Information Protection Act (PIPA) occurred in November 2013.
• These amendments were made to bring Alberta's legislation into line with federal PIPEDA standards.

Workers' Compensation System

• The Workers' Compensation Board (WCB) is responsible for the full funding of the Workers' Compensation (WC) system.
• It is illegal for employers to discriminate against their employees or influence pricing for their WC premiums based on personal characteristics such as their age, gender, or ethnicity.

WCB Registration Requirements for Employers

• Employers must register with the WCB to ensure that their employees are covered in case of work-related injuries or illnesses.
• Employers can choose to self-administer their own claims process.

Handling Claims

• When an injury occurs, employers should immediately initiate the WCB claims process.
• For claims that are questionable or involve potential fraud, employers should implement a thorough investigation process and consult with legal counsel.

Medical File Confidentiality

• Medical files must be handled with utmost confidentiality and security.
• Sharing information beyond authorized individuals or without consent may lead to serious legal consequences.

WCB Decision Review Process

• In BC, workers or employers have 90 days to request a review of a WCB decision if they disagree with it.

WCB Appeals Commissions

• WCB Appeals Commissions serve as independent bodies responsible for reviewing decisions made by WCB Boards.

Privacy Concerns in the Workplace

• The widespread use of technology and digital communications has significantly heightened concerns about privacy in the modern workplace.
• Information about employees may be easily accessed, stored, and shared, making it crucial to maintain a robust workplace privacy policy.

Collection and Use of Personal Information

• The collection and use of personal information by organizations, including workplace data, fall under the jurisdiction of the Personal Information Protection and Electronic Documents Act (PIPEDA).
• PIPEDA outlines principles for the responsible collection, use, and disclosure of personal information.

Personal Information Definition

• PIPEDA's definition of personal information generally includes any information relating to an identifiable individual.
• It covers data like name, address, phone number, email address, and employee performance records.

Vicarious Liability for Privacy Invasions

• Employers and organizations can be held vicariously liable for privacy invasions committed by their employees or agents, even if these actions were unauthorized or without their knowledge.

Sensitive Personal Information

• Sensitive personal information, such as medical records, criminal records, or religious affiliations, requires extra protection and careful handling.

Security Breach

• If a security breach occurs and poses a significant risk of harm, the organization must notify affected individuals and take steps to mitigate the damage.

Recent Amendments to PIPEDA

• Recent amendments to PIPEDA have expanded the definition of personal information to include online identifiers and biometric information.

Exempt Information under PIPEDA

• Information used solely for business, employment, or professional communication is exempt from PIPEDA regulations.

Personal Information Disclosure without Consent

• Organizations can disclose personal information without consent under certain circumstances, such as for legal reasons, to protect the public, or where consent is impractical.

Information Collection Principles

• Organizations must ensure they collect only information necessary for their legitimate purposes and protect the information against unauthorized access, use, disclosure, modification, or destruction.

'Be Open' and 'Give Individuals Access' Principles

• Organizations should be open about their information collection practices and give individuals access to their personal information upon request.
• Providing clear and concise information about data collection and usage is essential.

Organizations Covered by PIPA

• Alberta's Personal Information Protection Act (PIPA) applies to a broad range of organizations, including public bodies, corporations, and partnerships. It does not apply to individuals operating in a solely personal capacity.

PIPA Enactment

• Alberta's Personal Information Protection Act (PIPA) was enacted in 2004.

PIPA's Individual Rights

• PIPA grants individuals several rights concerning their personal information, including the right to access, correct, and delete their information.

Balancing Organizational and Individual Needs

• PIPA strikes a balance between the needs of organizations to collect and use personal information for legitimate purposes and individual rights to privacy.

PIPA Amendments

• The first amendment to PIPA involving the right to be forgotten occurred in 2009.

PIPA Applicability

• PIPA applies to the processing of personal information by public bodies and private sector organizations in Alberta. It doesn't apply to personal information processed entirely outside of Alberta.

PIPA Principles

• PIPA's principles are intended to guide organizations on collecting, using, and disclosing personal information responsibly and ethically.

PIPA's Primary Goal

• One of the primary goals of PIPA is to protect individuals' privacy and ensure that their personal information is handled responsibly.

Employee Duty to Mitigate

• Employees have a duty to mitigate damages owed to them by their employer. This usually involves seeking alternative employment or taking reasonable steps to minimize their losses.

Constructive Dismissal

• Constructive dismissal occurs when an employer's actions or behavior create a hostile work environment that makes it impossible or unreasonable for an employee to continue working. This can include demotions, unreasonable changes in job duties, or breaches of employment contracts.

Avoiding Wrongful Dismissal Claims

• To avoid wrongful dismissal claims, employers should have clear employment contracts, provide adequate notice of termination, and ensure terminations are fair and legally compliant.
• A properly drafted termination letter is essential, explaining the reason for termination and outlining the terms of separation.

Employer's Onus

• Employers have the onus of proving failure to mitigate, meaning they must show that the employee did not take reasonable steps to minimize their financial losses after being dismissed.

Employee's Continued Employment After Constructive Dismissal

• An employee may be required to continue working after a constructive dismissal claim if the employer has not been unreasonable or if accepting the changes would not be a significant detriment to the employee.

Key Factors Associated with Constructive Dismissal

• The key factors associated with constructive dismissal include:
  • Significant changes in job duties, working conditions, or responsibilities without the employee's consent.
  • Demotio
  • Unreasonable changes in the terms of employment.
  • Breach of employment contracts.

Avoiding Wrongful Dismissal Claims: Best Practices

• Employers should maintain clear and updated employment contracts, performance reviews, and documentation of warnings or disciplinary actions to protect them from wrongful dismissal claims.

Letter of Reference

• When providing a letter of reference for a former employee, employers should be truthful, objective, and refrain from disclosing potentially sensitive personal information unrelated to the individual's employment history.