Effective date: July 1, 2017
Application: Applies to all collection and disclosure of information by WCB.
Policy subject: Privacy and access to information
To establish guidelines for protecting privacy during the access, collection and release of information within the control of the Workers’ Compensation Board.
Relevant means having some reasonable connection with, and some value or tendency to prove or disprove a matter of fact significant to the decision. It is the evidence’s tendency to prove or disprove a matter of fact that is related to an issue in dispute in the case. What is relevant will be determined by the writer of the decision, on a case-by-case basis. The relevant documents will directly relate to the evidence used to make the decision as expressed in the decision.
Inquiries – Collection of Information
Inquiry for the purpose of this policy, is defined as any and all legal means of normal file development, including but not limited to the following: routine inquiries, information gathering, questioning, observing, recording, fact-finding, taking depositions, verification, corroboration, authentication, or hearings, whether undertaken by Operations staff (including the investigator conducting field investigations), Employer Services or any other person(s) the WCB may authorize to do so from time to time. This definition, however, does not include investigations for potential fraud by Internal Audit.
Various sections of the Act, notably Sections 21, 22 and 25, authorize the WCB to gather evidence needed to determine all matters or questions arising under the Act, pursuant to Section 20.
Section 4(4)(h) of HIPA exempts the WCB from its Part II consent requirements, PART IV collection and use requirements, and Part V access requirements.
The WCB collects information from many sources, including, but not limited to: workers, employers and health care providers. The purpose of such collection is to decide entitlement or assessment or any other matter arising under the Act.
Information means information collected, recorded, transmitted or stored in the normal course of business, including paper or electronic documents (email, photograph, microfilm, image and video) that may be released to a worker, a worker’s representative, an employer or other third party.
Access to and Disclosure of Information
Access and Privacy Complaints
Privacy – Audio and Video
Section 20, 21, 22, 25, 48, 140, 172, 173, 174;
The Freedom of Information and Protection of Privacy Act; The Health Information Protection Act
The Health Information Protection Act
The Archives and Public Records Management Act
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