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Non-Profit in compliance with PIPA when it collected written account of employee’s criminal activity

Jurisdiction: - Alberta
Sector: - Non-Profit

In Redi Enterprises Society, Oorder P2016 -07 (November 30, 2016), the Alberta Office of the Information and Privacy Commissioner ruled that a non-profit organization, Redi Enterprises Society, did not breach the Alberta Personal Information Protection Act when it asked its employee to provide a written account of her past criminal conviction.

Specifically, the Commissioner ruled:

[para 35] In this case, I find the Organization has provided me with a reasonable explanation for why the information it collects is necessary to manage an employment relationship. I also find the Organization gave sufficient notice to the Complainant of the reason for the collection. The Organization works with vulnerable individuals and seeks to ensure a safe and secure environment for those clients. Further, the Organization seeks the information only to manage the employment relationship. The information is on the employee file and will be treated as confidential.

[para 36] I find the Organization is in compliance with section 15 of the Act when it collects a written signed account of criminal activity from its employees.