Councillor Donald McArthur’s Response to Police Officers’ Breach of Information Question

In yesterday’s post I asked members of council if any violation of the employee code of conduct, section 15, was addressed?

Just to recap, section 15.0 Confidential Information:

The following information must not be used or disclosed, except in accordance with the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”):

    • information which is personal

Today, McArthur’s response regarding the breach of personal and sensitive information of 40 police officers, employees and family members is:

“It is my understanding that the disclosure of personal information was inadvertent and that it is the opinion of the Clerk, the Treasurer and the Director of Corporate Services, who conducted an investigation, that the inadvertent disclosure was not a Code of Conduct violation.

It is my understanding as well that the Town advised the Information and Privacy Commissioner of this issue and notified the affected individuals. It is also my understanding that the Town took steps to help guard against similar inadvertent disclosures in the future.”

Nowhere in the Employee Code of Conduct does it state not to worry, it was an inadvertent disclosure. Carry on.

Police Officers’ Breach of Information Violation of Employee Code of Conduct?

Council members have been asked: regarding the town hall employee’s disclosure of Amherstburg police officers’ personal information, including 40 names, addresses, telephone numbers, cell phone numbers, next of kin, spouses’ cell phone numbers, start dates and birthdays, was any violation of the employee code of conduct, section 15, below, addressed?

Section 15 of the outdated 2007 CODE OF CONDUCT POLICY FOR STAFF/EMPLOYEES:

15.0 Confidential Information

The following information must not be used or disclosed, except in accordance with the Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”):

  • information which is personal,
  • information that constitutes the proprietary information of a third party, individual or group,
  • might reasonably be regarded as having been disclosed to the Employee in confidence,
  • is of a sensitive nature, or imparts to the person in possession of such information anadvantage not available to the public generally.

No Employee shall benefit, either directly or indirectly, from the use of information acquired during the course of official duties that is not generally available to the public.

Personal information controlled by the Town must be used or disclosed in compliance with the MFIPPA.

Employees must protect the following examples of information regarding the Town and others from illegal and unauthorized use:

  • client records,
  • information contained in business strategies and plans,
  • pending proposals or contracts,
  • estimates prior to tender openings,
  • unannounced services,
  • research results,
  • financial data and projections,
  • proposed acquisitions and divestitures,
  • computer programs and software,
  • professional expertise, or
  • inventions.