The Saskatchewan Information and Privacy Commissioner (SIPC) ruled the Saskatoon Public Library (SPL) did not have the right to ask for proof of COVID-19 vaccination or a rapid antigen test every 72-hours or share the test results from the complainant..SIPC Ronald Kruzeniski issued his ruling on Jan. 16, 2023, finding in favour of the complainant on both counts.. Ronald Kruzeniski .The complainant submitted the privacy complaint on April 6, 2022..On the first count, Kruzeniski found “SPL did not have legislative authority to collect the complainant’s COVID-19 test results.”.“On Feb. 14, 2022, the [employers’ COVID-19] Emergency Regulations were rescinded. As a result, there was no longer legislative authority for employers to collect COVID-19 test results,” said Kruzeniski..The SPL started asking for the test results on March 11, 2022, from the complainant just before the complainant’s return to working onsite..In a series of emails from March 11, 2022, to March 31, 2022, between SPL and the complainant, they discussed what the SPL could legally ask for from the complainant regarding the COVID-19 testing and vaccination requirements. .The complainant continued to inform the SPL what they were asking for was illegal, as stated in the first email on March 16..“The employers’ COVID-19 Emergency Regulations was the only piece of legislation under the Saskatchewan Employment Act that allowed an employer to demand an employee to be vaccinated against COVID and provide proof of that vaccination or to be regularly tested for COVID,” said the complainant’s email. .“Without The employers’ COVID-19 Emergency Regulations, an employer can no longer demand vaccination/test and an employee is no longer required to comply with a vaccination/test demand made by an employer. It is puzzling that SPL still demanding vaccination/testing when the rest of the City of Saskatoon is complying with the law and discontinuing vaccination/testing requirements.”.On the second count, Kruzeniski found “SPL did not have authority to use the complainant’s personal information.” . Saskatoon Public Library .“The complainant submitted their COVID-19 test results to SPL’s human resources. Then, SPL’s human resources would send the test results to the complainant’s manager. In one instance, SPL’s human resources sent a test result to another SPL employee who was not the complainant’s manager,” said Kruzeniski..“Since I have already found that SPL did not have authority to collect the complainant’s personal information, then it would not have authority to “use” the complainant’s personal information. I find that SPL did not have authority to use the complainant’s personal information.”.Kruzeniski also found “if the SPL’s COVID-19 program was ongoing, I would have recommended SPL discontinue the program. However, I note the SPL has discontinued its COVID-19 Program as of the end of May 2022.”.The Western Standard reached out to the SPL with several questions and asked for their response to the SIPC report. It received no response..The complainant is part of the CUPE 2669 Library Union. The Western Standard received a response from CUPE, but would neither confirm nor deny if they defended the complainant against the SPL or what their knowledge was of the situation..There was one meeting between the SPL and the complainant with a mediator. However, the SPL walked away and claimed they could do what they want..The SPL has 30 days to file an appeal if they choose, or accept the SIPC’s findings.
