Document name

Privacy – Audio and Visual

Document number

PRO 16/2016

Customer, for the purpose of this procedure, means a claimant, employer or any other external person WCB staff has contact with in the course of business.

Audio includes any data collected on audio communications, monitoring of telephone calls, or recordings of incoming and outgoing telephone calls or recordings of meetings that occur between WCB staff and customers. This procedure is not intended to apply to voicemail communications in the ordinary course of business.

Video includes video recordings of video feeds and/or recordings from surveillance cameras placed inside and outside of WCB offices, and video recordings of meetings that occur between WCB staff and customers.

1. The Workers’ Compensation Board (WCB) is committed to ensuring the health and safety of both its employees and customers. To ensure the safety and security of WCB employees, customers and visitors, the WCB operates and maintains a video surveillance system on WCB premises and may also record audio from telephone calls between WCB staff and customers.
2. Collecting information about injured workers and employers is fundamental to the administration of The Workers’ Compensation Act, 2013 (the “Act”). The WCB takes seriously the need to protect the confidentiality and security of this information. The WCB is guided by the Act in the collection, use, storage and disclosure of information (POL 05/2017, Privacy of Information).

Purpose of Collection

1. Video from surveillance cameras may be monitored or recordings retained for safety and security purposes.
2. Incoming and outgoing telephone calls may be recorded for safety, security and quality purposes. WCB staff may also record a conversation during a meeting with a customer for safety and security purposes (e.g., where a customer has been verbally abusive in the past).
3. The WCB may monitor or record and retain audio and video when required as part of an internal or external investigation.

Monitoring and Recording

4. Monitoring and recording audio from telephone calls excludes calls received on the toll free Fraud TIPS Line or to the Fair Practices Office.
5. Incoming callers are automatically notified that telephone calls may be monitored and recorded when they call WCB’s main switchboard. In other instances, WCB staff must notify the customer before they begin recording a telephone conversation or meeting (e.g., for safety and security purposes).
6. Surveillance cameras have been visibly installed within areas considered necessary for the safety of WCB staff and customers, and to ensure the security of WCB property and premises. Cameras have not been installed and do not monitor areas where WCB staff or customers have a reasonable expectation of privacy.
7. Audio recordings from telephone conversations and meetings and video from surveillance cameras are subject to the guidelines around retention, disposal and access outlined below.

Retention and Disposal

8. The WCB retains audio or video recordings for a limited period of time and recordings will not form part of a customer’s file. Any information necessary for decision making regarding entitlement to benefits under the Act must be noted on the customer’s file.
   1. Audio recordings collected for training/coaching, quality purposes or staff safety are retained internally and disposed of manually upon a review being completed, unless retained for investigative or evidence purposes, which may include, but are not limited to, safety-related incidents.
   2. Video recordings are retained internally and automatically disposed of after seven days from the date recorded, unless retained for investigative or evidence purposes, which may include but are not limited to safety-related incidents.
9. The WCB may retain audio and video recordings to implement any preventative and corrective action(s) as follow-up to address staff safety or assist with an internal or external investigation. Recordings are stored in a secure location and disposal will be on a case-by-case basis.

Access

10. Access to monitor and review audio recordings is limited to authorized Management or their designate(s).
11. Access to monitor and review video recordings is limited to the Manager of Safety, Security and Facilities or their designate.
12. Audio or video recordings retained for further investigation is limited to:
    1. The Manager of Safety, Security and Facilities or their designate,
    2. Authorized Management or their designate(s), as required for further investigations.
13. Available recordings may be provided to the appropriate authorities, upon request, to aid in a criminal investigation.
14. Any external requests for access to audio or video recordings which cites The Freedom of Information and Protection of Privacy Act (FOIPP), or other relevant privacy legislation, will be sent directly to WCB’s Privacy Officer.