Alberta Commissioner considers reference checks under PIPA

From Alberta:

Commissioner rules reference check was in compliance with Personal Information Protection Act

January 8, 2008

Commissioner rules reference check was in compliance with Personal Information Protection ActInformation and Privacy Commissioner, Frank Work, has determined that information collected in an employment reference check was in compliance with the Personal Information Protection Act (PIPA).

An individual had complained that a former employer had disclosed information not related to her job to a prospective employer in contravention of PIPA and that the prospective employer had collected the information in contravention of the Act. The individual also complained that the former employer had not responded to her request for her personal information.

Following an inquiry into the matter, the Commissioner determined that the information collected in the reference check was personal employee information as defined in PIPA and that no unrelated personal information about the individual was collected. The Commissioner found no evidence that personal information, aside from work related information, had been disclosed or collected.

The Commissioner did find, however, that the former employer did not properly respond to the Complainant’s request for her personal information and has ordered the former employer to respond to that request.To obtain a copy of Orders P2006-006 and P2006-007, visit our website, http://www.oipc.ab.ca/.