Employee access rights extend to personal information collected for monitoring. The potential harms that could accrue to an individual are also an important factor. Exit interview for departing employees. The law requires that an organization has to keep and maintain a record of every breach of security safeguards involving personal information under its control. Of note is that depending on the exemptions to consent, there may be obligations to inform employees about what is being done with their information. Confidentiality provisions in an employment contract make it clear that your business is serious about confidentiality, and can help prevent problems from a legal and practical perspective. Subject to limited exceptions, employees must also be informed of the purpose(s) for which their information may be used at the time the information is collected. The employer must generally only use or disclose personal information for the purposes that it was originally collected for and keep it only as long as necessary for those purposes unless the employer has the employee's consent to do otherwise or is legally permitted to use or disclose it for other purposes. A Certificate of Destruction is a formal document issued by a shredding service provider that records important details about the destruction of sensitive documents, including the time and place where the service took place, information about the company who provided the service, and any witnesses to the process. The law requires that notification to individuals be given as soon as feasible after you have determined that a breachof security safeguards involving a real risk of significant harm has occurred. Medical confidentiality is a set of rules that limits access to information discussed between a person and their healthcare practitioners. At York University, acceptable methods to dispose of confidential records are: When full, arrange for pick up by Facilities Services. Employers should be aware of how relevant privacy laws and obligations apply to employee personal information. (e.g. No. Dont store confidential records in storage space which is shared with other units. 9. the probability that the personal information has been, is being, or will be, misused. In this case, a government department used surveillance cameras to track employee attendance in the workplace. Was the information exposed to individuals/entities who are unknown or to a large number of individuals, where certain individuals might use or share the information in a way that would cause harm? The circumstances of the breach may make the information more or less sensitive. The Privacy Commissioner of Canada is an Agent of Parliament whose mission is to protect and promote privacy rights. For additional tips see the Information and Privacy Commissioner/ http://www.ipc.on.ca/images/Resources/up-fact_10_e.pdf. You may have other legal requirements that may require you to keep them for longer. Doing so will undermine the argument for treating selected records as confidential. Confidentiality Get in touch with us today for a free estimate! Under the Privacy Act, you have the right to request a copy of the personal information that Statistics Canada has about you. Specifically, you should train your employees to: It is best practice to ensure that your employees sign a confidentiality and non disclosure agreement to protect your sensitive business information. Given the circumstances of the case, the Commissioner found that the continuous monitoring of employees resulted in the loss of privacy that was disproportionate to the benefits being gained, and that the company could have achieved their objectives in a less privacy-intrusive manner, by recording only when the driver was on duty and/or driving. D. Breach of Confidentiality : All individuals must comply with the following standards. If you want to read the legal provisions relating to breaches of security safeguards, you can read them in PIPEDA and in the Breach of Security Safeguard Regulations. Some provinces have private-sector privacy laws that may apply instead ofPIPEDA. The Privacy Act deals with keeping government records about individuals confidential. Many standard form contracts which are prepared by service providers do not contain any confidentiality provisions in favour of the customer (or contain very "weak" provisions). Read our Privacy policy and Terms and conditions of use to find out more about your privacy and rights when using the priv.gc.ca website or contacting the Office of the Privacy Commissioner of Canada. One of the surest ways to prevent sensitive information from unwanted viewership is proper destruction. For all physical documents, steps need to be taken to ensure they are at as little risk as possible of theft. views or opinions about you as an employee. Place documents in a locked confidential disposal bin obtained from Yorks Facilities Services. Employee personal information could include pay and benefit records, attendance reports, formal and informal personnel files, video or audio tapes, and records of web-browsing, electronic mail, and keystrokes, among other information. Employees should be trained to handle confidential and proprietary information with care and to respect the sensitivity the information. Records must contain any information that enables the OPC to verify compliance with breachof security safeguards reporting and notification requirements in sections 10.1(1) and (3) of PIPEDA, including requirements to assess real risk of significant harm. If the worst does happen and any of your secure documents are lost or stolen or damaged, you will still have access to them when you need them.Need help implementing these measures? For larger amounts of confidential data where filing cabinets wont cut it, invest in an off-site secure storage facility. Privacy obligations relating to employee information generally apply not only to current employees, but also to prospective and former employees. They need to address performance issues and ensure the physical security of their workplace. of confidential information (see definition above) to individuals outside the Society who are . They may see electronic monitoring and other surveillance as necessary to ensure productivity, stop leaks of confidential information, and prevent workplace harassment. Policies and procedures should be made readily available to employees such as through signage and direct emails. Solicitor-client privilege Employers and unions may also agree to provisions in the collective agreement that may apply to workplace privacy policies and practices. . The Privacy Commissioner of Canada is an Agent of Parliament whose mission is to protect and promote privacy rights. The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to employee information in federal works, undertakings, and businesses (such as banks, telecommunication companies and transportation companies). You can make a request by contacting the Access to Information and Privacy (ATIP) coordinator. In todays business world, confidential information is everywhere, from customer lists to pricing information to employee information. Secure Computers and Network. Whether a breach of security safeguards affects one person or a 1,000, it will still need to be reported if your assessment indicates there is a real risk of significant harm resulting from the breach. Ensure that records for which circulation should be limited are clearly marked CONFIDENTIAL. To request a copy of your personal information, please specify the survey in which you participated or the record that would have been provided to Statistics Canada by another organization. Estimated Number Boxes/ Containers for Shredding, Purges and Clean-Outs, 5 Ways to Keep Confidential Documents Secure, 5 Common Paper Shredding Myths Businesses Believe, https://federal-recordsmanagement.com/wp-content/uploads/2019/12/shredding.jpg, https://secure.gravatar.com/avatar/b01280bfe1a6293c80c391d207b50456?s=96&d=mm&r=g, Shredding Secrets: Different Shredder Security Levels Explained, https://federal-recordsmanagement.com/wp-content/uploads/2020/08/shredder-security-levels-explained.jpg, Shredding Paper: 5 Common Paper Shredding Mistakes to Avoid, https://federal-recordsmanagement.com/wp-content/uploads/2019/10/shredding-paper.jpeg. 3. Its not enough to move the files to the trash bin on your desktop. Any files or systems containing sensitive information should be password . of control patients want over their medical records.5 To maintain trust, physicians must consider the duty to care and the duty not to harm the patient in evaluating privacy requirements. What the OPC can do is refer information relating to the possible commission of an offence to the Attorney General of Canada, who would be responsible for any ultimate prosecution. Keeping these documents behind lock and key will prevent theft and ensure their safety. Here are five common shredding myths that way too many businesses still believe. The extent to which a patient expects (and may tolerate a loss of) privacy and confidentiality is culturally and individually relative.6 2. Important Note : Only records that are automatically shared through these features (visit notes, non-visit notes, reports, and orders) can be marked . Statistics Canada collects data on all aspects of Canadian lifeand you have a vital role to play. For example, a technological measure for monitoring access to certain areas/zones may not necessarily be appropriate or effective for attendance monitoring. This will ensure that all breaches are assessed consistently. And its not usually with malicious intent, but because proper training was not provided. Protecting your companys confidential documents is becoming increasingly more complicated as technology evolves and the modern office continues to change shape. Organizations subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) are required to: This guidance will provide an overview of what you need to know about these obligations. Office of the Privacy Commissioner of Canada, several laws in Canada that relate to privacy rights, Municipalities, universities, schools, and hospitals, Every province and territory has its own laws, private-sector privacy laws that may apply instead of, health-related privacy laws that have been declared substantially similar to, commissioner or ombudsman responsible for overseeing provincial and territorial privacy legislation, federally regulated financial institutions, find the right organization to contact about your privacy issue, The Personal Information Protection and Electronic Documents Act (, Find the right organization to contact about your privacy issue, The Federal Government and your personal information, A Guide for Individuals Protecting Your Privacy, The nature of the organization handling the personal information. We set out the legal frameworks that apply to confidentiality and record keeping in order to help therapists develop and review their practice in ways that are compatible with the law. Proper labelling. Normally a university employee who needs the information in performance of his/her duties would have access. For example, a mention in a corporate blog may not have the reach of a prominent and dedicated public announcement campaign. In addition to providing authority for the collection, use and disclosure of personal information, federal privacy laws also set out specific requirements, such as rules concerning consent, safeguards, retention, and access rights. In this case, the recording device was active when the truck was on or idling; the system could therefore be active when drivers are off duty. Is the personal information adequately encrypted, anonymized or otherwise not easily accessible. In this book, we hope to be able to remove the 'blindfold' by adequately explaining the relevant law. Whether consent is required for the collection, use, and/or disclosure of personal information, other obligations to protect privacy continue to apply, including: Given the unequal positions of power between employers and employees (or potential employees), there is a risk that employers ask for more information than they are allowed to collect, and that individuals may feel unduly pressured to provide such information. Federal Records Management& Shredding1140 Hayden Street, Suite AFort Wayne, IN 46803United States(260) 267-9652. Ensure that confidential information is protected against unauthorized access. In todays business world, confidential information such as customer lists, proprietary technology, pricing information, and marketing plans are critical business assets that can be compromised if not handled properly. a description of the circumstances of the breach; the day on which, or period during which, the breach occurred or, if neither is known, the approximate period; a description of the personal information that is the subject of the breach to the extent that the information is known; a description of the steps that the organization has taken to reduce the risk of harm that could result from the breach; a description of the steps that affected individuals could take to reduce the risk of harm that could result from the breach or to mitigate that harm; and. The one commonality is: information about a child or family that is considered confidential information should be kept in a safe place where it cannot be accessed by the general public. The term control is not defined in the Act and is used in a number of provisions and contexts, which can lead to some ambiguity as to its meaning. Online security is just as important, if not more, given todays climate. Value Your Employee's Privacy However, these laws are attempts to balance the public's right to know about the actions of government with the rights of an individual to retain his or her privacy. Here are 10 suggestions to help protect confidential information: 1. These are critical business assets that must be handled properly or you risk a security breach. In addition, they should be escorted at all times and should be kept away from areas where they may be exposed to confidential information (unless they have a need to know). Personal information is always treated as confidential unless it is about a person who has been dead for more than 30 years. How long has the personal information been exposed? Institutional plans, policies or projects would be considered confidential while in development. If a company is particularly concerned about a departing employee working with a new employer who is a competitor, a letter may be sent to the new employer that outlines the former employee's legal obligations regarding confidential information of the former employer. A press release would be considered confidential until the release date and time. To put it simply there must be a record of every breachof security safeguards. Invest in anti-virus software to prevent hackers from infecting your network. These matters should be safeguarded in preparing documents and handling records. Under PIPEDA, in addition to establishing, managing and terminating the employment relationship, federally-regulated employers may also collect personal information without knowledge and consent if it was produced by an individual in the course of their employment, business or profession and the collection, use or disclosure is consistent with the purposes for which the information was produced. Office of the Privacy Commissioner of Canada, Interpretation Bulletin: Personal Information, Ten things human resources professionals need to know about privacy, 10 Workplace Tips for Protecting Personal Information on Mobile Devices, Privacy and Social Networking in the Workplace, Application of the Personal Information Protection and Electronic Documents Act to Employee Records. They also have a right to access their personal information and to challenge the accuracy and completeness of it. These include but are not limited to: Some confidential information is sensitive for specified periods, but may cease to be confidential after a certain period of time or change of circumstances. Significant harm includes bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property. You will learn how to determine what breaches of security safeguards (also referred to in this document as breaches) have to be reported to the Office of the Privacy Commissioner of Canada (OPC), and what kind of notice you need to give individuals. See Guidelines for Obtaining Meaningful Consent, May 2018. Combine employee files. Monitoring measures should take into consideration an assessment of the privacy risks and any mitigating measures, including limiting collection to only that which is necessary for the stated purpose, and ensuring that the least privacy invasive measure in the circumstances is used. Tip Whether they are left in full view or in a file folder, it makes it easy for visitors, cleaning staff or other employees to access confidential information. A good paper shredding service will offer locked boxes to be placed around the office. Consider whether the planned collection, use and disclosure is appropriate in the circumstances, by considering the sensitivity of the information in question, and other relevant factors. Or if it's something you need to think through or act on - you can . An organization shall notify an individual of any breach of security safeguards involving the individuals personal information under the organizations control if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to the individual. It also notes that profiling or categorization that leads to unfair, unethical or discriminatory treatment contrary to human rights is a further inappropriate practice. Store confidential records in a secure location such as a locked file cabinet, locked record room or on a secure server. Transparency about employee monitoring is fundamental. Office of the Privacy Commissioner of Canada, Respond to a privacy breach at your business, Part 1 Your obligations for reporting breaches, Part 2 Submitting a breach report to the OPC, Part 3 You need to keep records of all breaches, Part 4 When and how to notify individuals, Part 6 Assessing real risk of significant harm, Tips for containing and reducing the risks of a privacy breach, Securing personal information: A self-assessment tool for organizations, Getting Accountability Right with a Privacy Management Program, find out how to assess if a breach of security safeguards poses a real risk of significant harm, specific guidance on what to include in a report and how to file reports, report to the Privacy Commissioner of Canada breaches of security safeguards involving personal information that pose a real risk of significant harm to individuals, notify affected individuals about those breaches, and. 4. Start by making sure where they are all kept is locked at night. For indirect notifications, you should consider measures used for other public announcements. After a while, they can all look the same but sometimes there are important differences. Our machines shred paper into particles that are no more than inch wide, which is a requirement to maintain our NAID AAA certification. Federally-regulated businesses operating in Canada are subject to PIPEDA. Developing clear policies and communicating them to affected employees. Indeed Editorial Team. The Privacy Act thus sets out the privacy rights of individuals in their interactions with the federal government. Confidential circulate to committee members only. Tip Employers should have policies and procedures in place regarding the collection, use and disclosure of employees personal information. All businesses that operate in Canada and handle personal information that crosses provincial or national borders are subject to PIPEDA regardless of which province or territory they are based in. A company with confidential information should be careful to limit access to confidential information to only those employees who have a need to know. And, while a confidential marking does not mean that a record will not be disclosed as the result of an access request, it may help to explain if the University makes a decision not to release a record in response to a request for access to it. Confidential records can include social welfare, income tax, education, medical and criminal records. Along with health and financial information, certain types of information will generally be considered sensitive because of the specific risks to individuals when said information is collected, used or disclosed. Telling employees what personal information will be collected, used, and disclosed. The monitoring of "suspicious activity" may help in a legal claim against a departing employee should the need arise. Ask yourself why. You will also learn about your obligation to keep records of breaches and what information needs to be included. The presence of other privacy-related legislation does not always mean that PIPEDA does not apply. Destruction certificates are held in Facilities. We maintain strict, around-the-clock security measures, including: Chain of custody is our guarantee that your documents will be kept 100% safe and secure from the minute we take possession until the minute they are destroyed. Is it a provincial or territorial government institution? All visitors are escorted throughout the building at all times, State-of-the-art, 24/7 digital video surveillance at all access points inside and outside the building (data is maintained for 90 days), Property is fenced and gated, and facility has no windows, 24-hour burglar and fire monitoring, with door sensors and motion detectors monitored by an outside firm, All of our employees are trained in methods to keep confidential material locked and secure at all times. Create a unique Wifi ID andasafe password that cannot be easily guessed. The OPC's Guide to the Privacy Impact Assessment Process can assist government institutions that are required to undertake a PIA in identifying and minimizing privacy risks when initiating a new program that requires the collection of personal information. In so doing, the principal organization will need to ensure there are sufficient contractual arrangements in place with the processor to address compliance with the breach provisions set out in PIPEDA. Turn off your computer when leaving your desk for a long period of time. Boxes of records stored at former president Donald Trump's Mar-a . Copyright 2023 The Globe and Mail Inc. All rights reserved. The letter can often have a "legal chill effect" on any competitor who wishes to actively or implicitly induce a new employee to disclose confidential information of a former employer. If you have a question, concerns about your privacy or want to file a complaint against an organization, we are here to help. Does the information cross provincial or national borders? While this document refers to obligations with respect to federal privacy legislation, several provinces have privacy legislation applying to employee information or may have specific laws in relation to employee rights and workplace obligations.Footnote 1. It is important to note that consent does not waive an organizations other obligations under privacy laws, such as the requirement to have the legal authority to collect information, or being subject to obligations related to accountability, collection limitation, and safeguards, depending on the applicable statute. Store and protect your records in highly secure and compliant facilities. For instance, someone working in customer service will not need the same access credentials as those in accounting. Data protection can further be enhanced by restricting access. Protecting information on an employee basis will lead to further security. These should be diligently applied to ensure you're meeting legal requirements and make your own HR department's job easier: 1. Only collect the personal information that is necessary for a stated purpose, and collect it by fair and lawful means. Where possible, always back your information. Physical documents should be scanned and saved on secure servers. While organizations subject to PIPEDA are not legally required to undertake a PIA, it is a useful tool to help them develop their respective privacy management programs, policies, and training programs. In such cases, we may be unable to provide you with your information. Information Which is Kept Confidential With this type of service, your documents can be delivered to your office when you need them, usually within hours. Confidentiality of Records: The psychologist takes reasonable steps to establish and maintain the confidentiality of information arising from service delivery. not. For example, organizations subject to PIPEDA must evaluate whether their purposes are appropriate in the circumstances and should consider: Under this investigation the employer installed a dash camera into a vehicle that continuously recorded audio and video without the employees consent. With this type of service, your documents can be delivered to your office when you need them, usually within hours. Information relating to the business of a third party which is 2. 8 Ways to Keep Confidential Documents Secure, View all our service areas across Ontario, 8 Tips for Physical Document Security in Your Business, Why Paper Shredding Services Are More Important Than Ever, Protect confidential information, regardless of the media type for the entire life cycle of the information, Shred All paper documents regardless of their sensitivity and lock up all sensitive documents when not in use, Share confidential information only with those who need to know, Have a written, signed, confidential non-disclosure agreement before disclosing confidential information to third parties, Promptly report any actual or suspected unauthorized access to management.
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