Canada: Employer Is Not Vicariously Liable For A Rogue Employee’s Privacy Breach

Roberto Ghignone of Borden Ladner Gervais writes:

Two employees were working together in a government department. One employee (“Employee X”) looked at employment insurance file of a co-worker who was on sick leave (“Ms. M”) during working hours but without a work-related reason. In reviewing the file, Employee X found out that Ms. M had exhausted her entitlement to employment insurance.

Employee X also disclosed this information to a fellow employee who then reported the matter to the employer. After an investigation, the Employer determined that Employee X had accessed Ms. M’s records twice on the same day and on no other occasions. Employee X was then given a 15-day suspension.

Read more on Not-For-Profit and Charity Law In Canada Blog