Collection of RCMP member's health information unnecessary (VAC) - November 17, 2014
A former RCMP member complained that Veterans Affairs Canada (VAC) inappropriately disclosed her medical diagnosis, disability percentage, and financial information to the RCMP's National Compensation Policy Centre. VAC argued the disclosure was a 'consistent use' under the Privacy Act, citing the RCMP's responsibility for members' health services and an MOU between the two institutions. The OPC found that the information provided to the complainant at the time of application was inadequate to establish informed consent for such disclosure. Furthermore, the MOU did not explicitly authorize the sharing of detailed medical and financial information with the RCMP's National Compensation Policy Centre. The OPC concluded that the disclosure was not a consistent use and therefore contravened the Privacy Act, noting the systemic nature of this issue affecting many RCMP employees.
- 1Whether the disclosure of the complainant's medical and financial information by VAC to the RCMP was authorized by consent under subsection 8(1) of the Privacy Act
- 2Whether the disclosure of the complainant's medical and financial information by VAC to the RCMP was for a consistent use under paragraph 8(2)(a) of the Privacy Act
- 3Whether the information provided to disability pension applicants by VAC was sufficient to establish informed consent for disclosure to the RCMP
- 4Whether the Memorandum of Understanding (MOU) between VAC and the RCMP authorized the detailed sharing of personal medical and financial information
- 5Whether the RCMP's National Compensation Policy Centre had a 'need to know' the complainant's detailed medical and financial information
- Informed consent: Inadequate information for consent
- Consistent use: Disclosure not a consistent use
- MOU scope: MOU did not authorize detailed disclosure
- Privacy Act contravention: Disclosure contravened Privacy Act
- Systemic issue: Systemic nature of issue noted
Complaint well-founded — VAC agreed to update its MOU with RCMP
The OPC found that VAC's disclosure of the complainant's detailed medical and financial information to the RCMP was not based on informed consent and did not qualify as a 'consistent use' under the Privacy Act. VAC agreed to update its MOU to clarify information flow, but maintained its position that the disclosure was consistent with the Act.
The OPC strongly recommended that VAC update its Memorandum of Understanding with the RCMP to provide comprehensive information about the proper flow of sensitive personal information between the two institutions, including a requirement for periodic review.
- s.3 Privacy Act
- s.8 Privacy Act
- s.8(1) Privacy Act
- s.8(2)(a) Privacy Act
This summary is informational only and not legal advice.
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