In response to hiring an alleged ISIS recruiter, Ontario’s primary electricity provider aimed to enhance its security screening procedures to safeguard its grid. However, a labor arbitrator deemed Hydro One’s national security background checks as excessive and unreasonable. This ruling highlights the ongoing challenge of balancing national security concerns with labor and privacy rights.
The incident traces back to 2015 when Hydro One was alerted by CSIS and the RCMP about a former co-op student working as an ISIS recruiter while employed at the company. Following this, Hydro One engaged Juno Risk Solutions to conduct insider risk management investigations, revealing deficiencies in their hiring process.
Hydro One introduced a new reliability policy in 2022, outlining varying levels of screening based on an individual’s access level. Even employees with basic access were required to undergo criminal record checks, driver’s abstracts, and other screening measures like deep internet searches as deemed necessary.
The Power Workers’ Union (PWU) contested the policy in 2023, arguing that it infringed on privacy rights and exceeded regulatory requirements. The union particularly objected to driver’s abstracts and credit checks, considering them invasive without sufficient justification.
Despite Hydro One’s stance that the policy was crucial for protecting critical infrastructure, the arbitrator, John Stout, found it to violate privacy rights and lacked a balanced approach. The decision highlighted the need for less intrusive alternative measures to address risks effectively.
Furthermore, Hydro One’s screening program claimed to have thwarted 41 potential candidates, including high-risk individuals associated with Chinese and Russian state actors. The company justified its stringent measures by stating the necessity of exceeding minimum standards to ensure comprehensive protection.
Stout’s ruling recommended amending the policy for existing employees, emphasizing the need to strike a balance between security concerns and individual privacy. While Hydro One can implement the screening policy for new hires, the decision underscores the importance of privacy rights and proportionate security measures in safeguarding critical infrastructure.