Grievors (Not) Anonymous: PIPA Does Not Restrict Disclosure Of Personal Information In Labour Board Arbitration Proceedings

In UFCW 1518 v. Sunrise Poultry 2015 BCCA 354, the BC Court of Appeal decided:

• PIPA applies to Labour Arbitrators (as an Arbitration Board);
• The consent requirements of PIPA do not apply to the collection and disclosure of personal information regarding the griveor;
• Labour arbitrators are permitted to collect personal information, and to disclose the information in the form of reasons to the director of the Arbitration Bureau, without obtaining consent from an individual. The director of the Arbitration Bureau is permitted by the Freedom of Information and Protection of Privacy Act to publish the reasons.

The Court noted: "It is difficult to see how a decision-maker, who is obliged to provide reasons that are subject to various levels of review, could possibly avoid disclosing personal information, as required by PIPA. The suggestion of the Union of using initials would not, in many cases, comply with the requirements of PIPA."