Greenleaf, Graham --- "Improper use of inofmration about employment applicant" [1994] PrivLawPRpr 55; (1994) 1(4) Privacy Law & Policy Reporter 71

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Improper use of information about employment applicant

Information and Privacy Commissioner of Ontario (Assistant Commissioner Cavoukian) Investigation I93-009M (A Municipal Board of Education); 11 August 1993; IPC Pricis Fall 1993

Freedom of Information and Protection of Privacy Act (Ontario) - related use - employment - public record

A teacher had obtained various short-term teaching assignments from a municipal Board of Education. He applied for a long-term position and was the successful applicant. While conducting reference checks, the Board spoke to an employee of another Board (not a referee) who disclosed that the teacher had been terminated by that Board for unsatisfactory performance, and an arbitration decision was available. The Board obtained the arbitration decision (which was available to the general public), and both terminated the teacher's long-term contract and removed his name from the occasional teachers list.

The IPC held that the use to terminate the long-term contract was use of the information for the purpose for which it was obtained, but that the use to remove the teacher from the occasional teachers list was not reasonably compatible with the purpose of collection, because the Board's notice to applicants had stated that personal information would be used for the purpose of the long-term employment application only. This use was therefore a breach ofs31(b). The IPC recommended that the Board restrict collection of information to authorised referees in future.

Graham Greenleaf