N.W.T. lodge owner asks customers to prove they're vaccinated, sparks privacy debate

An N.W.T. business owner's decision to ask potential customers to prove they've been vaccinated against COVID-19 has started a debate about whether that's a breach of privacy. 

Gina Brown is the co-owner of Captain's Cabins, a lodge on the banks of the Mackenzie River outside Fort Providence, N.W.T. 

For the past year, every time Brown spoke to a customer, they would voluntarily tell her their vaccination status. 

That all changed two weeks ago, when two of her guests from Yellowknife described their anti-vaccination views at the end of their stay. 

That's when Brown decided she had to put something in place to keep people safe. 

"I'd rather not have any business and be broke than having people getting sick in my cabins," she told CBC. 

Brown's decision wasn't popular with locals, she said, who told her they considered it a violation of their privacy. 

"Well in that case, just don't come," she offered in response. 

No guidelines for businesses on asking for proof of vaccine

The N.W.T.'s chief public health officer has not issued any recommendations about asking for proof of vaccination status, a statement from the department said. 

"Getting vaccinated is a choice you can make to protect yourself, your community, and our territory," the statement reads. 

Anyone who wants to follow in Brown's steps and ask for proof of vaccination should consult legal council, the statement continues, as part of their "due diligence."   

Businesses should also conduct risk assessments with the Workers' Safety and Compensation Commission, who would share COVID-19 risks and the best way to mitigate them in the workplace.

Cary Ingram, chief inspector of occupational health and safety for the WSCC, said they have not received any inquiries from business owners about making vaccination mandatory for employees or customers. 

"All you can do according to our regulations is you can suggest to employees the ability to get a vaccination, and the employee has to be able to make their own decision," Ingram said. 

'It is not in the interest of businesses to do this' 

Ann Cavoukian, a former Ontario privacy commissioner, agrees that asking for proof of vaccines can be considered a privacy breach. 

Data on vaccines is often collected electronically, Cavoukian said. Over time, if more places require a virtual proof of vaccine or a passport, a wealth of a person's geolocation data could be shared.

Small companies like Brown's should also be concerned with this data collection, Cavoukian continued. 

"If you're demanding proof of vaccines, you're leaving a number of people out who can't get vaccines," she said. "It is not in the interest of businesses to do this." 

She suggested that, if businesses want to have stricter COVID-19 measures in place, for owners to ask for proof of a negative test taken within 72 hours — or just ask people to wear a mask. 

Negative COVID-19 tests are the most up-to-date way to monitor infections, Cavoukian said. 

Brown, of Captain's Cabins, said that's something she would look into, as she continues to figure out what they would accept as proof. 

Their vaccination rule will stay in place for at least the next year, Brown continued, or until the pandemic is over.