Correctional Service of Canada Deleted Video
An inmate complained that Correctional Service Canada (CSC) failed to retain video footage of use of force incidents involving them, which they requested access to under the Privacy Act. CSC's policy was to retain relevant footage for two years, but otherwise, it was automatically deleted after six days. The OPC's investigation found that CSC had disposed of footage that it was obligated to retain under Subsection 6(1) of the Privacy Act and Paragraph 4(1)(a) of the Privacy Regulations. This failure meant the complainant could not access the sensitive recordings. The OPC recommended that CSC ensure all relevant footage is retained for the prescribed two-year period. CSC agreed to monthly attestations from the institution and quarterly random audits across its Pacific Region, with findings reported to the OPC. The complaint was found to be well-founded and conditionally resolved.
- 1Whether CSC failed to retain personal information used for an administrative purpose as required by Subsection 6(1) of the Privacy Act and Paragraph 4(1)(a) of the Privacy Regulations
- 2Whether the complainant was denied a reasonable opportunity to obtain access to their personal information due to non-retention
- Retention of records: Institution failed to retain records
- Access to records: Access denied due to record disposal
- Compliance with Privacy Act: Institution violated Privacy Act
- Recommendations: OPC recommended improved retention practices
- Resolution: Complaint well-founded and conditionally resolved
Complaint well-founded and conditionally resolved
The OPC found that CSC contravened the retention provisions of the Privacy Act by disposing of video footage that it was obligated to retain, thereby denying the complainant access to their personal information. CSC committed to implementing new oversight measures and audits to address the issue.
CSC agreed to monthly attestations from the correctional institution that all use of force footage is retained, and to undertake quarterly random audits of use of force footage at sites across its Pacific Region, reporting findings to the OPC.
- Subsection 6(1) Privacy Act
- Paragraph 4(1)(a) Privacy Regulations
This summary is informational only and not legal advice.
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