Protecting Worker and Employer Privacy

Removing Names and Personal Identification from Decisions

  • The Tribunal generally anonymizes the names of parties and witnesses, as well as names of coworkers and supervisors. Information that could indirectly reveal the identity of parties and witnesses is also anonymized e.g. names of small towns, names of family, and friends. WSIAT and WSIB claim numbers are also anonymized.

When Names Remain in Decisions

  • Tribunal decisions name interpreters and experts providing evidence such as doctors and specialists.
  • Usually representatives appearing in their professional capacity such as lawyers, in-house lawyers, and paralegals are also named.
  • In right to sue (section 31) decisions, the parties (applicant, respondent and interested parties) are not anonymized because the civil case is already a matter of public record.

Providing Decisions (Case Law) for the Community

  • The Tribunal provides an accessible appeal system and easy access to information about compensation law.
  • The Tribunal maintains a database of all its decisions on the internet in accordance with these guiding principles.
  • The identity of the employer or worker is not necessary for ensuring that the public understands the reasons for Tribunal decisions and the principles of workplace safety and insurance law.

Law

  • The Tribunal is subject to confidentiality provisions in the Workplace Safety and Insurance Act (WSIA).
  • The Tribunal is subject to the Freedom of Information and Protection of Privacy Act (FIPPA). Under this legislation, personal information, defined as information about an identifiable individual, can only be released to the public in limited circumstances.

Questions or Concerns?

WSIAT
February 2009