Information Complaints
PRO 19/2013

Effective date: January 1, 2014

Application: All customers.

Policy subject: Privacy and access to information

Purpose:

To provide an avenue for privacy inquiries and complaints

BACKGROUND

  1. POL 05/2017, Privacy of Information has been approved, providing guidelines for staff concerning the access, collection and release of information within the control of the Workers' Compensation Board (WCB).
  2. POL 05/2017 has incorporated the provincial government’s privacy principles (under the Privacy Framework) to safeguard and regulate the confidentiality of information collected, stored or released to third parties. It also provides an avenue for access requests under The Freedom of Information and Protection of Privacy Act (FOIPP).
  3. Any person may challenge WCB compliance with its privacy policies and procedures or about its information practices; including accuracy of information collected, recorded, stored or disclosed. The following procedure provides guidelines for such concerns.

PROCEDURE

  1. Persons with complaints should be encouraged to first contact the WCB staff member most closely involved with the circumstances. Responses at this level may be oral or written.
  2. If a complaint or concern is received, WCB staff will:
    1. Respond to the best of their ability, and record on the claim file or employer account, the steps taken to rectify the complaint, including an apology where needed, or
    2. Refer issues they cannot resolve to their supervisor.
  3. When complaints are not resolved by a supervisor, the person will be advised to send a written complaint to the Privacy Office.
  4. The Privacy Officer will:
    1. Log the complaint, including the date it was received and any details necessary to investigate.
    2. Acknowledge the complaint and inform the individual of the steps that will be taken by the WCB to follow up, including when a response can be expected.
    3. Investigate the complaint received in a confidential manner.
    4. Access all relevant records and staff, as needed to complete the investigation.
    5. Recommend appropriate measures to rectify the situation at hand and notify the complainant of the following as appropriate:
      1. Steps to be taken to comply with WCB policies and procedures, or
      2. Applicability of The Workers’ Compensation Act, 2013 and other statutes.
    6. Explain to the supervisor any variance from WCB policies and procedures.
    7. Record all decisions and actions taken, and
    8. Follow up to ensure the appropriate steps have been taken.
  5. A complainant may appeal a decision of the Privacy Officer to the Board Appeal Tribunal.

Policy references

Legislative Authority

The Workers’ Compensation Act, 2013

20, 21, 22, 25, 140, 172, 173, 174; The Freedom of Information and Protection of Privacy Act.

Document History

January 1, 2014. References updated in accordance with The Workers’ Compensation Act, 2013 (Bill 58).
PRO 07/2008, Information Complaints (effective June 1, 2008 to December 31, 2013).
June 1, 2008. New policy came into force.

Complements

POL 05/2017 Privacy of Information

PRO 16/2013 Information from Inquiries

PRO 06/2017 Authority for Disclosure

PRO 07/2017 Records Management

POL 22/2013 Appeals – Board Appeal Tribunal

Two people signing documents
Two people signing documents

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