In a recent decision, Ontario’s Information and Privacy Commissioner has stated that the Dufferin-Peel Catholic District School Board (the board) must issue a new access decision regarding security footage depicting an interaction between a teacher and the school’s principal.
The ruling came in response to a request made under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) for access to the footage.
The board had initially denied access to the footage, citing the exclusion at section 52(3)3 of the Act, which pertains to labour relations or employment records. However, the adjudicator determined that the video security footage is not excluded from the Act under this section and ordered the board to reconsider its decision without relying on the exclusion.
The request for the footage was made by the teacher involved in the interaction, which had resulted in a complaint by the principal and a subsequent workplace investigation. The teacher sought access to the footage to gather evidence related to the incident.
During the inquiry, the board maintained its position that the footage fell under the labour relations or employment records exclusion. However, the adjudicator concluded that there was no sufficient connection between the footage and the specific labour relations or employment matters outlined in section 52(3)3.
The board argued that the footage was collected, maintained, and used as part of a workplace investigation into allegations of employee misconduct. It claimed that the video was directly related to various meetings, consultations, discussions, and communications conducted during the investigation. The board also cited previous orders where the exclusion had been applied to similar records.
The commissioner’s decision clarifies that the exclusion at section 52(3)3 does not automatically apply to all records involving employee conduct. The ruling emphasizes the need for a direct and relevant connection between the records and the specific labour relations or employment matters outlined in the Act.
As a result, the Information and Privacy Commissioner has ordered the board to issue a new access decision regarding the security footage, ensuring compliance with the MFIPPA. The board will need to reconsider the request without relying on the labour relations or employment records exclusion, taking into account the commissioner’s findings.
For more information, see Dufferin-Peel Catholic District School Board (Re), 2023 CanLII 26397 (ON IPC)
