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Federal (Canada)Privacy ActWell-founded

Disclosure of information about complainant's attempted suicide to US Customs and Border Protection not authorized under the Privacy Act

Organization: Royal Canadian Mounted Police (RCMP)Complainant: Anonymous applicant
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Plain-language brief

The Privacy Commissioner of Canada investigated a complaint against the Royal Canadian Mounted Police (RCMP) concerning the disclosure of an individual's attempted suicide information to US Customs and Border Protection (CBP) via the Canadian Police Information Centre (CPIC). The complainant was denied entry to the US based on this information, which had been uploaded by the Toronto Police Service (TPS). The OPC found that the disclosure was not authorized under paragraphs 8(2)(f) or 8(2)(a) of the Privacy Act, as CBP's use for an admissibility assessment did not constitute "law enforcement" or "criminal justice purposes" under the Memorandum of Cooperation (MOC), nor was it consistent with the original purpose of collection. The OPC also determined that CPIC policies were unclear and remained insufficient to prevent such unauthorized disclosures. The complaint was found well-founded, but the RCMP disagreed with the findings and recommendations. The OPC recommended setting the CPIC "SHARE US A" feature to suppress sharing of sensitive entries by default and revising policies to ensure disclosure only occurs when an individual poses an ongoing risk to others.

Key issues
  1. 1Whether the RCMP inappropriately disclosed the complainant's personal information to US Customs and Border Protection (CBP) via the Canadian Police Information Centre (CPIC).
  2. 2Whether the disclosure of personal information relating to suicide attempts was authorized under paragraph 8(2)(f) of the Privacy Act.
  3. 3Whether CBP's use of the complainant's personal information for an admissibility assessment constituted "criminal justice purposes" or "law enforcement" as defined in the Memorandum of Cooperation (MOC).
  4. 4Whether the disclosure of personal information relating to suicide attempts was authorized under paragraph 8(2)(a) of the Privacy Act as a "consistent use."
  5. 5Whether the CPIC policies in effect at the time provided sufficient clarity to guard against unauthorized disclosure of sensitive personal information.
  6. 6Whether the revised CPIC policies, including the "SHARE US A" feature and "SIP-OB" entries, adequately protect against unauthorized disclosure of attempted suicide information.
  7. 7Whether the default setting of the "SHARE US A" feature in CPIC should suppress the sharing of SIP-OB entries relating to threatened or attempted suicides with US border officials.
  8. 8Whether CPIC policies should be revised to provide clear guidance for sharing attempted suicide information with US border officials only where an individual presents an ongoing risk to others.
Outcome breakdownFavours: Applicant / complainant
  • Disclosure authorization (s.8(2)(f)): Disclosure not authorized for law enforcement
  • Disclosure authorization (s.8(2)(a)): Disclosure not consistent with original purpose
  • CPIC policies: Policies found unclear and insufficient
  • Complaint outcome: Complaint well-founded
  • Recommendation: CPIC 'SHARE US A': Recommend default suppression of sensitive entries
  • Recommendation: Policy revision: Recommend policies ensure disclosure only for ongoing risk
Outcome

Complaint well-founded

Reasoning

The OPC found that the disclosure of the complainant's personal information was not authorized under paragraphs 8(2)(f) or 8(2)(a) of the Privacy Act, and that CPIC policies were insufficient to prevent such unauthorized disclosures, despite the RCMP's disagreement with these findings.

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Decision notes
Recommended action / remedy

The OPC recommended that the default state of the CPIC "SHARE US A" feature be set to suppress sharing of SIP-OB entries relating to threatened or attempted suicides with US border officials, and that the RCMP revise CPIC policies to provide clear guidance ensuring such information is shared only where an individual presents an ongoing risk to others. The OPC also invited the RCMP to report back within one year with updated numbers regarding the use of SIP-OB entries and strongly encouraged consultation with mental health professionals.

Statutes considered
  • s.3 Privacy Act
  • s.8(1) Privacy Act
  • s.8(2) Privacy Act
  • s.8(2)(a) Privacy Act
  • s.8(2)(f) Privacy Act
  • s.29(1)(a) Privacy Act
  • s.29(1)(h)(ii) Privacy Act
  • s.35(1)(b) Privacy Act

This summary is for informational purposes only and not legal advice.

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