Access to information during a bullying investigation

The Office of the Privacy Commissioner has issued advice regarding complainants’ rights to access personal information during the investigation of bullying in the workplace. The advice confirms that the complainant is entitled to know the outcome of the investigation as it pertains to them, but not necessarily all the information about the other people involved.  Also, the advice confirms that employers investigating a complaint about bullying should prepare terms for reference that include guidance as to who will get access to the final report and when. Privacy rules can be complex and a new Privacy Bill is currently making its way through Parliament, which will most likely become law in 2020 and will change regulation in this area. If you have any questions or concerns regarding bullying investigations and privacy concerns, please contact us to discuss.

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