An investigation by the Saskatchewan Information and Privacy Commissioner has found that the Saskatoon Public Library violated an employee’s privacy when it asked for proof of COVID-19 vaccinations or test results, even though a provincial mandate has been lifted.
Library management told employees on March 11, 2022, that they must continue to submit proof of vaccination or a negative COVID-19 test, even though the Saskatchewan cabinet removed the employers’ COVID-19 emergency regulations on February 14.
“They needed authority to do that,” said Ronald Kruzenski, Saskatchewan’s information and information officer. privacy commissioner In a report dated 16 Jan. “At one point, the province introduced a rule that gave them that right, but that right was rescinded on February 14.”
The report states that “Without the employer’s COVID-19 emergency regulations, an employer can no longer demand vaccination/testing and an employee is no longer required to comply with an employer’s demand for vaccination/testing”. Is.”
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Saskatoon Libraries took it upon themselves to enforce their own mandate by May 31.
A library employee confronted management and said the request was “a violation of the Saskatchewan Employment Act and HIPA.”
The Saskatoon Library (SPL) responded to the employee the same day. “SPL has a policy requiring employees to submit COVID test certificates with negative results if they have not submitted proof of vaccination. SPL is no longer asking employees to submit evidence, but submits test results if they have not yet done so. The policy is within our legal rights.
In a statement to Global News, the library claimed it was operating under its individual COVID-19 exposure control plan, which included “mandated employee masking, mandatory employee masking, in addition to a number of activities designed to provide a safe work environment.” Proof of testing and vaccination was required.
The Saskatoon library provided the complainant with a “Testing and Vaccination Risk Control COVID-19 Policy” document that was created by the municipal library, not the provincial government.
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“You are expecting me to comply with the invasion of my privacy and are refusing to answer my questions to justify the invasion,” the complainant said in response to the library document. “I fail to see why it is so difficult for me to provide a law or regulation that allows an employer to demand an individual’s personal information.”
SPL claimed that it was duty bound to take all reasonable precautions for the safety of the workers.
“SPL determined that the frequency of contact with the general public in the workplace created a high-risk environment for transmission of COVID to employees and took measures to reduce workplace hazards,” read the statement.
The Privacy Commissioner explained that while many people would look at public safety and regard it as more important than privacy, the library still did not have a right to make the request.
Kruzeniski recommended the library ensure that all of the complainant’s COVID-19 test results (including emails) within the system are destroyed within 30 days.
SPL told Global News that information on all employee testing and vaccination status was removed from its systems in June 2022.
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