Sask. privacy commissioner says privacy, public safety must be balanced with COVID-19 vaccination status

SASKATOON -

Saskatchewan's Information and Privacy Commissioner says public safety and privacy must be balanced as public agencies and employers call for proof of vaccination against COVID-19.

"Neither of them are 100% and we've got to strike a balance," Ronald J. Kruzeniski told CTV News.

"So if we ask for somebody's proof of vaccination, how much information do we need about it? Do we just know that Ron had two shots and do we necessarily need to know that he had them on certain dates? Well sometimes maybe yes. Other times, maybe no. Do I have to prove it by showing a vaccination card? Some employers might say yes, others will say no, I'll take your word for it. So you see, we're trying to determine this balance between public safety and my privacy."

On Friday, the University of Saskatchewan announced it will require students, faculty and staff to be vaccinated against COVID-19 before entering campuses. If they aren't vaccinated they'll have to provide regular and frequent negative tests and submit a daily symptom checklist.

Quebec's government plans to implement a COVID-19 vaccine passport to enter restaurants, bars, gyms and certain non-essential venues beginning Sept. 1.

Federal Immigration Minister Marco Mendicino said last week fully vaccinated Canadians will soon be able to get a government document that will certify their COVID-19 vaccine history for the purpose of international travel.

Regarding the U of S policy, Kruzeniski said a strong argument can be made regarding public health and safety, though questions begin when it comes to collecting testing information.

"I wasn't aware of the daily symptom sheet. That symptom sheet would be blank unless the person is having symptoms. I would then start to ask questions about, do you have to keep it, do you have to provide it to somebody, do they take a copy of it? Is that necessary, or does someone just have to see it, or is it something that they you're just required to take and when you call in for your test you briefly show it to the nurse?

"So it's a whole series of decisions that need to come into the policy here and that's why I recommend a discussion with your HR people and your legal people to determine what kind of a policy, what kind of approach should be taken."

Kruzeniski said there is precedent for people providing private medical information - such as the vaccination status of children going to school or a doctor's note supporting sick leave.

Employers should develop a policy so that all employees know the rules and make accommodations for those that cannot be vaccinated, such as separate offices or allowing them to work from home, he said.

"There's a number of alternatives. Now you might run into some organizations where it's not possible to work from home. Okay, that's a factor. Do you have a collective agreement? What does it say about requiring health information? So, legal advice and HR advice is absolutely essential.

"But employers should look at it. And I think they just shouldn't ignore the issue, ignoring the issue is a decision that they're not requiring proof of vaccination."

With CTV News files

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