the personal information of employees in federally regulated industries (such as
banking, telecommunications, airlines, etc.). In B.C., Quebec and Alberta, the
provincial private sector laws govern the collection, use and disclosure of employee
personal information. Employees in the other provinces are not covered by PIPEDA
as far as their personal employee information is concerned and have no other
statutory protection.
Section 4.01 of PIPEDA provides that the statute does not apply to “business
contact information” that an organization “collects, uses or discloses solely for the
purpose of communicating or facilitating communication with the individual in
relation to their employment, business or profession”. “Business contact information” is defined to include “the individual’s name, position name or title, work
address, work telephone number, work fax number or work electronic address”.
57
Apart from this exclusion, PIPEDA applies to personal information that “is about an
employee of, or an applicant for employment with, the organization and that the
organization collects, uses or discloses in connection with the operation of a federal
work, undertaking or business”.
58 However, s. 7.3(1) of PIPEDA provides that the
collection, use and disclosure of personal employee information can take place
without consent if it is “necessary to establish, manage or terminate an employment
relationship between the federal work, undertaking or business and the individual”,
and the individual has been informed “that the personal information will be or may
be collected, used or disclosed for those purposes”.
Employee personal information has been interpreted broadly, and includes job
performance information,
59 including complaints against an employee.
60 Where
video surveillance is carried out in a workplace, video footage may also constitute
employee personal information of any employee who is identifiable in the footage.
61
Similarly, GPS location data relating to vehicles driven by employees can constitute
employee personal information.
62
B.C.’s PIPA defines “employee personal information” as “personal information
about an individual that is collected, used or disclosed solely for the purposes
reasonably required to establish, manage or terminate an employment relationship
between the organization and that individual, but does not include personal
57 PIPEDA, s. 2, definition of “business contact information”.
58 PIPEDA, s. 4(1)(b).
59 PIPEDA Case Summary #2003-198, “Employer accused of wrongful disclosure”, https://www.
priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2003/pipeda2003-198/.
60 See, e.g. L’Ecuyer v. Aéroports de Montréal, 2003 FC 573, aff’d [2004] FCA 237.
61 Eastmond v. Canadian Pacific Railway, 2004 FC 852; PIPEDA Case Summary #2004-264,
“Video cameras and swipe cards in the workplace”, https://www.priv.gc.ca/en/opc-actions-anddecisions/investigations/investigations-into-businesses/2004/pipeda-2004-264/.
62 PIPEDA Case Summary #2006-351, “Use of personal information collected by Global Positioning System considered”, https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/inves
tigations-into-businesses/2006/pipeda-2006-351/.
64
T. Scassa
banking, telecommunications, airlines, etc.). In B.C., Quebec and Alberta, the
provincial private sector laws govern the collection, use and disclosure of employee
personal information. Employees in the other provinces are not covered by PIPEDA
as far as their personal employee information is concerned and have no other
statutory protection.
Section 4.01 of PIPEDA provides that the statute does not apply to “business
contact information” that an organization “collects, uses or discloses solely for the
purpose of communicating or facilitating communication with the individual in
relation to their employment, business or profession”. “Business contact information” is defined to include “the individual’s name, position name or title, work
address, work telephone number, work fax number or work electronic address”.
57
Apart from this exclusion, PIPEDA applies to personal information that “is about an
employee of, or an applicant for employment with, the organization and that the
organization collects, uses or discloses in connection with the operation of a federal
work, undertaking or business”.
58 However, s. 7.3(1) of PIPEDA provides that the
collection, use and disclosure of personal employee information can take place
without consent if it is “necessary to establish, manage or terminate an employment
relationship between the federal work, undertaking or business and the individual”,
and the individual has been informed “that the personal information will be or may
be collected, used or disclosed for those purposes”.
Employee personal information has been interpreted broadly, and includes job
performance information,
59 including complaints against an employee.
60 Where
video surveillance is carried out in a workplace, video footage may also constitute
employee personal information of any employee who is identifiable in the footage.
61
Similarly, GPS location data relating to vehicles driven by employees can constitute
employee personal information.
62
B.C.’s PIPA defines “employee personal information” as “personal information
about an individual that is collected, used or disclosed solely for the purposes
reasonably required to establish, manage or terminate an employment relationship
between the organization and that individual, but does not include personal
57 PIPEDA, s. 2, definition of “business contact information”.
58 PIPEDA, s. 4(1)(b).
59 PIPEDA Case Summary #2003-198, “Employer accused of wrongful disclosure”, https://www.
priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2003/pipeda2003-198/.
60 See, e.g. L’Ecuyer v. Aéroports de Montréal, 2003 FC 573, aff’d [2004] FCA 237.
61 Eastmond v. Canadian Pacific Railway, 2004 FC 852; PIPEDA Case Summary #2004-264,
“Video cameras and swipe cards in the workplace”, https://www.priv.gc.ca/en/opc-actions-anddecisions/investigations/investigations-into-businesses/2004/pipeda-2004-264/.
62 PIPEDA Case Summary #2006-351, “Use of personal information collected by Global Positioning System considered”, https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/inves
tigations-into-businesses/2006/pipeda-2006-351/.
64
T. Scassa