Is Unauthorized Accessing Of Personal Information A Firing Offence Or Not?

Can an organization fire an employee who has breached the organization's privacy obligations by accessing personal information they have no right to see? Maybe – maybe not!

In an arbitration decision involving a health care worker in Saskatchewan,  Health Sciences Association of Saskatchewan v Saskatchewan Association of Health Organizations, 2014 CanLII 5231 (SK LA)the answer was yes.  A Physical Therapist at the Prairie North Health Region, an employee with an unblemished record and 25 years of service, was dismissed after it was discovered that she had accessed the personal health information of 99 persons without authorization over a ten-month period. The records did not relate to her patients, or individuals within her circle of care. She had no need to know the medical information.