Access to Confidential Information (M05-17/18)

A public servant’s duties to the Crown might potentially give the public servant access to confidential information regarding either (1) the outside entity on which the public servant sits as a member of the Board of Directors or (2) the employer of a family member.

Section 5 of O. Reg. 381/07 prohibits both the disclosure and use of confidential information.

Section 8 of O. Reg. 381/07 prohibits a public servant from engaging in outside activity if, in connection with the employment or activity, any person would derive an advantage from the public servant’s employment.

To mitigate the risk of a potential or perceived conflict under either the rule that prohibits the disclosure or use of confidential information and/or the rule that prohibits a public servant from engaging in an outside activity if any person would derive an advantage from the public servant’s employment, the ethics executive directed the public servant to discuss in advance with the relevant manager any work that may involve either of the two organizations in question so that the manager could either restrict the public servant’s access to confidential information or assign the public servant other work.

O. Reg. 381/07, s. 5 & 8.