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As a result, his offer of employment was rescinded by the prospective employer. Although the complainant signed some “employment documents,” he did not remember signing any consent forms authorizing the prospective employer to check his drug test results from previous employers and he recalled that the prospective employer told him that such forms were unnecessary. The complainant expected that the prospective employer would disclose information about his employment history and performance but not information regarding the drug test. He stressed that he did not consent to the release of such information. The former employer admitted to disclosing information in response to the prospective employer’s questions regarding the complainant’s work performance. The prospective employer also asked if the complainant had been subject to drug and alcohol testing and if there were any problems with the complainant’s results. Although the former employer did not release the specific results of the tests to the prospective employer, it did disclose that the complainant had failed the testing. The former employer acknowledged that it should have required a form of consent from the prospective employer before disclosing that information. The prospective employer indicated that it asked the former employer if it would re-employ the complainant and the former employer answered negatively due to the complainant failing two drug tests. The interviewer admitted that he did not say anything to the complainant about a form authorizing the prospective employee to inquire about prior drug testing. However, the complainant did fill out an application form with the prospective employer which listed all employers during the last 5 years with contact names and two references. There was a statement of consent given by the complainant which permitted the prospective employer to contact employers to conduct an investigation before hiring.      Findings Summary           The Assistant Privacy Commissioner noted that when the complainant applied for work he provided the prospective employer with a copy of his resume. It was reasonable for the complainant to expect that a prospective employer would consult his former employers about his driving performance and employment history. Further, the Assistant Privacy Commissioner found that the complainant likely signed an authorization form allowing the prospective employer to investigate and inquire into his employment history and related matters. Since the complainant’s former employer released him from his job because of drug testing results, information pertaining to the drug testing was relevant to his employment history. Accordingly, the Assistant Privacy Commissioner determined that the complainant’s former employer was disclosing standard information when the complainant’s drug testing history was provided because this information comprised part of his employment history and performance. This response was deemed not to be in contravention of subsection 5(3). Consequently, the Assistant Privacy Commissioner found that the complainant’s former employer did not act contrary to Principles 4.3, 4.3.5 and 4.3.6. The complaint was not well-founded.      Resolution                Notes/Comments                Provisions Raised/Addressed           Principles 4.3, 4.3.5 and 4.3.6; Subsection 5(3)      Other Information           Decision Date:  2007 July 27th           (Not) Well-Founded:  Not Well-Founded           (Not) Resolved:            Sector #1:   Employment/Employer           Sector #2:             Online at:  http://www.priv.gc.ca/cf-dc/2007/382_20070727_e.cfm 524
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