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Sask. privacy commissioner investigates government information leak

May 2, 2015 | 9:03 AM

The Saskatchewan privacy commissioner is investigating whether the provincial government violated a care home worker’s privacy when it released parts of his personnel file to the media.

Peter Bowden, a care aide at Oliver Lodge in Saskatoon, was suspended with pay last week. Bowden, 61, claims his suspension from the seniors care home stems from his blowing the whistle in the Saskatchewan Legislature on care issues at the Saskatoon Health Region-run home. The province maintains that Bowden was suspended because of an investigation into allegations of misconduct in the workplace. 

On Monday, executive council chief of operations and communications Kathy Young sent an email to several media outlets and reporters saying Bowden had been suspended with pay pending the outcome of their investigation. The email said there are nine separate incidents involving Bowden under investigation, all of which were submitted in writing by staff and some were before and after Bowden went to the Legislature. 

“Some of the incidents would fall under the category of patient care concerns,” the email said. “Others would fall under the category of potential harassment of other staff and residents.”

Bowden said the province’s release of the information to the media was an attempt to silence him. He also wants to know why details of the allegations against him were released from SHR to the provincial government and then the media before him. He said he received word of his suspension on April 16 but did not get a comprehensive list detailing the accusations against him until April 24, four days after Young sent the email to media. 

Bowden filed a complaint with the Office of the Information and Privacy Commissioner (OIPC) because he said his privacy was violated when the details of his personnel file were emailed to reporters. OPIC will make the final decision.

The commissioner will investigate the executive council, Saskatoon Health Region, Oliver Lodge and the Ministry of Health.

Premier Brad Wall said the the government is comfortable with the investigation and the information was sent to reporters to act as confirmation that Bowden’s suspension had nothing to do with his whistle blowing. 

“We understood early on that this would be the case. I’m pretty comfortable with what we’ve done. There’s a provision in the act that allows for the disclosure of some information if it’s in the public interest,” Wall said. 

Wall said the information was general in nature and was consistent with government policy. When asked about another email sent to one reporter that detailed some of the accusations against Bowden, Wall said he had not seen that particular email. 

“There was one specific example that was provided to one reporter on background and obviously not for publication but background, as the government has done in the past,” he said. “This has been a practice for some period of time, one that was actually checked with the previous privacy commissioner and confirmed to be appropriate.”

Saskatchewan’s privacy legislation allows the government to share personal information if the public interest outweighs any potential invasion of privacy.

Bowden said all but one of the written complaints were submitted after he went to the Legislature to speak out. He said word from media that one of the allegations contained the words “sexual assault” surprised him because they do not appear on the list he received. 

Bowden said he was “quite happy” upon hearing of the investigation.

– With files from News Talk’s Kurtis Doering

panews@jpbg.ca

On Twitter: @lkretzel