Privacy Commissioner Confirms Narrow Test For "Reasonableness" In Background Check Decision

Introduction

Organizations should take note of a recent decision of the Alberta Office of the Information and Privacy Commissioner (OIPC) in which an adjudicator emphasizes the narrow scope of personal information that can be considered reasonable to collect, use, and disclose for the purpose of providing background checks. The decision warns against over-collection, use and disclosure while reiterating the duties owed by those who have custody or control of personal information.

In Order P2013-01, it was held that the Professional Drivers Bureau of Canada Inc. (PDB) failed to establish that it had conducted a reasonable search for responsive records with respect to a particular driver. PDB was found to have contravened the Personal Information Protection Act (PIPA) on the basis of four main grounds: not obtaining consent in circumstances where necessary to do so; not providing notice of collection; not collecting, using, or disclosing personal information only