Privacy Breaches Can Be as Costly as the Testing Itself
As evidenced in Cummings v KAM Transport Limited [2025] NZHRRT 8
Understanding the Situation
In this case, we observed a truck driver who initially declined a random drug test but subsequently participated and received a clear result. Unfortunately, despite this negative finding, the employer shared details of the initial test refusal with staff members outside the management team. This disclosure created workplace speculation and caused considerable harm to the driver’s professional standing and personal wellbeing.
The Tribunal’s Decision
The Human Rights Review Tribunal determined that compensation of approximately $30,000 was appropriate for this privacy breach. This decision reinforces a fundamental principle: the manner in which employers manage drug testing information carries equal weight to the testing protocols themselves.
Critical Considerations for Employers
• Privacy protection is fundamental: Effective testing frameworks must incorporate comprehensive confidentiality safeguards from the outset.
• Clear information governance is essential: Organisations require well-defined, documented protocols that specify precisely who may access testing information and under what circumstances.
• Procedural compliance alone is insufficient: While conducting testing according to established procedures is important, inadequate information handling can expose employers to substantial legal and financial consequences.
Our Recommendation
At Advance Diagnostics, we understand that managing workplace drug and alcohol testing requires a holistic approach that extends well beyond the collection and analysis of samples. We work with employers to develop comprehensive frameworks that protect both workplace safety and individual privacy rights, ensuring your organisation maintains the highest standards of professional practice while meeting your duty of care obligations.
Effective risk management in this area requires expert guidance and robust systems. We’re here to help you navigate these complexities with confidence. With the AlcoConnect Live your results from the OnSite Testing app will not be accessible to any other person in your organisation. AlcoConnect has acquired ISO27001 accreditation which is the highest one can get for privacy requirements.
Contact us to arrange a demo and how to ensure privacy in your drug and alcohol screening processes.