Personal employee information

Overview

An employee is employed by the organization or provides a service for the organization, including:

• an apprentice
• volunteer
• cooperative student
• an individual (not a company) acting as a contractor or agent for the organization

Collecting personal employee information

Organizations must follow the Personal Information Protection Act (PIPA) when it collects personal employee information. An organization may collect personal employee information without consent for reasonable purposes related to recruiting, managing, or terminating personnel.

An organization can also collect someone’s personal information (that is not personal employee information) for other reasons.

Collection without consent

An organization may collect the personal employee information of a potential, current or former employee without his or her consent if it is reasonable and if:

• it is solely for the purposes of establishing, managing, or terminating an employment or volunteer-work relationship between the organization and that person, or
• it is for managing a post-employment or post-volunteer-work relationship between the organization and that person

Notification of collection for current employees

If the person is a current employee, before collecting the information, the organization must give the employee reasonable notice that their personal employee information is going to be collected, and the purposes for which the information is going to be collected.

Using personal employee information

Organizations must follow PIPA when it uses personal employee information. An organization may use personal employee information without consent for reasonable purposes related to recruiting, managing, or terminating personnel.

An organization can also use someone’s personal information (that is not personal employee information) for other reasons.

Use without consent

An organization may use the personal employee information of a potential, current or former employee without his or her consent if it is reasonable and if:

• it is solely for the purposes of establishing, managing, or terminating an employment or volunteer-work relationship between the organization and that person, or
• it is for managing a post-employment or post-volunteer-work relationship between the organization and that person

Notification of use for current employees

If the person is a current employee of the organization, before using the information, the organization must give the employee reasonable notice that their personal employee information is going to be used, and the purposes for which the information is going to be used.

Disclosing personal employee information

An organization must follow PIPA when it discloses personal employee information. An organization may disclose personal employee information without consent for reasonable purposes related to recruiting, managing, or terminating personnel.

An organization can also disclose someone's personal information (that is not personal employee information) for other reasons.

Disclosure without consent

PIPA lets organizations disclose the personal employee information of a potential, current, or former employee without his or her consent for a reasonable purpose and if:

• it is solely for the purposes of establishing, managing, or terminating an employment or volunteer-work relationship between the organization and that person, or
• it is for managing a post-employment or post-volunteer-work relationship between the organization and that person

An organization can disclose personal employee information of a current or former employee without consent if:

• the disclosure is to a potential or current employer of the person
• the personal information that is being disclosed was collected by an organization as personal employee information, and
• the disclosure is reasonable for the purposes of assisting that employer to determine the individual’s eligibility or suitability for a position with that employer

Notification of disclosure for current employees

If the person is a current employee of the organization, before disclosing the information, the organization must give the employee reasonable notice that their personal employee information is going to be disclosed, and the purposes for which the information is going to be disclosed.

Contact

Connect with the FOIP/PIPA help desk.