Confidentiality and Privacy

Questions in this section (click on question):

28. What can an employer or union tell other employees about someone’s accommodation?
29. How does an employer accommodate invisible disabilities and not breach privacy or confidentiality?
30. How does the federal privacy legislation affect an employer’s right to disclose information to third parties about the accommodation?

28. What can an employer or union tell other employees about someone’s accommodation?

Employers and unions must respect an employee’s right to confidentiality.

Employers or unions can only provide other employees with the information they need to work safely and efficiently as the employee is accommodated. Employees may need details about the accommodation if their duties, role or responsibility change as a result of the accommodation. Often, though, other employees will have no information other than what is involved in setting up the accommodation.

During the accommodation planning process, employers and employees should discuss how much information they will disclose to other employees and customers. Doing so will help the parties to determine the minimum necessary disclosure.

29. How does an employer accommodate invisible disabilities and not breach privacy or confidentiality? 

Invisible disabilities are difficult for both the employer and employee. Without disclosing why the employee is being accommodated, it might appear that the employee is receiving special treatment.

The employee may not want to disclose their disability to colleagues, supervisors or customers because of the stigma attached to the disability. The accommodation planning process provides an opportunity for both parties to discuss disclosure. It also allows them to design an accommodation that raises the fewest questions or concerns in the workplace. Sometimes, however there does need to be some disclosure for reasons of health and safety.

30. How does the federal privacy legislation affect an employer right to disclose information to third parties about the accommodation?

The Privacy Commissioner of Canada administers privacy in the federally regulated sector. The Privacy Act applies to employee information in federal government institutions. The Personal Information Protection and Electronic Documents Act applies to employee information in the rest of the federally regulated sector.

To comply with the legislation, employers need to respect the 10 principles set out in Schedule 1 of the Privacy Act: accountability, identifying purposes, consent, limiting collection, limiting use, disclosure and retention, accuracy, safeguards, openness, individual access and challenging compliance. Employees who think that their employer has not respected the provisions of the Act can file a complaint with the Privacy Commissioner.

The Privacy Commissioner has issued findings on many cases under the Personal Information Protection and Electronic Documents Act. Cases 119 and 135 deal specifically with personal information needed for accommodation. In general, the Privacy Commissioner appears to provide employers with room to meet their business purposes as long as they respect the 10 principles. For more information, see the fact sheets and findings at http://www.privcom.gc.ca/ .