Disclosure of Canadian Forces members’ medical records by DND authorized under Privacy Act although record retention practices were insufficient

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint regarding the Department of National Defence’s (DND) disclosure of deceased Canadian Forces members’ medical records to Military Police investigators for suicide investigations. The OPC found that while DND’s Directorate of Access to Information and Privacy (DAIP) generally acted appropriately in assessing the necessity of the requested information, its record-keeping practices were insufficient, failing to retain all requested disclosure forms as required by the Privacy Act. DND was recommended to improve its policies and procedures to ensure full retention of request forms, verify the statutory authority for investigations, and maintain more comprehensive disclosure records.

• Adequacy of DND's assessment of necessity for disclosing medical records under paragraph 8(2)(e) of the Privacy Act for suicide investigations.
• Sufficiency of DND's record-keeping practices concerning requests and disclosures under paragraph 8(2)(e).
• DND's interpretation of its obligations regarding lawful investigations and adherence to its own policies.
• Whether DND's disclosure of records was consistent with the Privacy Act and TBS Directive.