The Saskatchewan privateness commissioner has ruled that the Saskatoon Public Library (SPL) violated the Privacy Act by forcing employees to stock their COVID-19 trial results and idiosyncratic aesculapian data, adjacent aft the state lifted mandates. The commissioner additionally recovered the room utilized the accusation successful usurpation of the Privacy Act.
In an probe study dated Jan. 16 and obtained by Blacklock’s Reporter, Commissioner Ronald Kruzeniski said, “The Saskatoon Public Library did not person legislative authorization to cod the Covid-19 trial results.”
The room sent an email to an worker connected March 11, 2022, stating that employees who had not provided impervious of afloat vaccination oregon a valid exemption indispensable taxable COVID accelerated antigen trial results each 72 hours.
The state had repealed exigency authorities anterior to that, connected Feb. 14, 2022, which had allowed employers to request COVID vaccination impervious oregon unit employees to taxable to regular testing.
One worker raised objections and connected April 6, 2022, submitted a ailment with the privateness commissioner regarding the policy, besides alleging that the room had shared the employee’s COVID trial results with a manager and an worker who was not their supervisor oregon successful their department.
The room sent an email to the worker saying it had a “policy that requires employees to taxable COVID trial certificates with antagonistic results if they person not submitted impervious of vaccination.”
The room said employees had to “submit trial results. The argumentation is wrong our ineligible rights.”
The worker who filed the privateness ailment requested the room supply “the instrumentality oregon regularisation that permits a person’s backstage accusation to beryllium demanded by an employer.”
“You are expecting maine to comply to an penetration of my privateness and are refusing to reply my questions to warrant the invasion,” the worker said.
The worker besides filed a related privateness complaint, alleging the room was forwarding trial results to managers and the “testing facility” arsenic good arsenic erstwhile sharing a trial effect “with a idiosyncratic who was not their supervisor nor adjacent wrong their department.”
The privateness commissioner initiated an probe connected July 14, 2022. In his decision, Kruzeniski determined that COVID trial results “indicate an individual’s wellness history” and arsenic specified “qualify arsenic idiosyncratic information” nether the legislation.
The commissioner referenced a anterior determination that stated, “whatever idiosyncratic accusation a nationalist assemblage collects, it indispensable beryllium capable to show that each information constituent successful question is required to conscionable a morganatic concern intent and that determination is legislative authorization to cod each.”
Kruzeniski noted that the state specifically introduced authorities and exigency regulations connected Oct. 1, 2021, which allowed employers to cod COVID trial results, and stated erstwhile those regulations were rescinded, “there was nary longer legislative authorization for employers to cod COVID-19 trial results.”
The room discontinued its COVID-19 argumentation by the extremity of May 2022, according to Kruzeniski. The commissioner said if the programme had been ongoing, helium would person “recommended that SPL discontinue” it.
The privateness commissioner recommended that the room hunt its IT systems and guarantee the employee’s trial results person been deleted oregon destroyed, and pass Kruzeniski of specified wrong 30 days.
Kirk Sibbald, spokesperson for SPL, told The Epoch Times that the room complied with the commissioner’s petition and ensured the employee’s COVID trial results had been “deleted/destroyed.”
According to Sibbald, “SPL besides confirmed each worker investigating and vaccination presumption accusation was removed from our strategy successful June 2022.”
He added that during the clip of the complaint, the room was operating nether a “COVID Exposure Control Plan,” which was “designed to supply a harmless moving environment,” and “required mandatory worker masking, testing, and impervious of vaccination.”
He said that the library’s COVID program remained successful spot until March 31, 2022, owed to the “high rate” of COVID successful Saskatoon and the “high-risk environment” successful the workplace.