Can personal information be collected about an employee in an internal investigation without their permission?
YES, in certain circumstances this can be done. Section 34(1)(g) allows for indirect collection for the purpose of law enforcement, Section 34(1)(k) for management and administration of personnel and Section 34(3) is an override section that applies if the head of the public body believes compliance with collection rules would result in collection of inaccurate information. Law enforcement does not include internal disciplinary investigations or workplace harassment investigations. Information in connection with such investigations would be collected under the provisions of disclosure under Section 40(1)(h) and Section 34(1)(b) as being necessary for the performance of the duties of the person collecting the information.
Related Questions
- Can I access personal information collected about me during an internal investigation or disciplinary proceeding?
- Can personal information be collected about an employee in an internal investigation without his/her permission?
- Can personal information be collected about an employee in an internal investigation without their permission?
