Disclosure of military officer’s personal information for litigation purposes permissible under the Privacy Act

A military officer complained that the Department of National Defence (DND) inappropriately disclosed his personal medical information to the Department of Justice (DOJ), and that the DOJ inappropriately collected it, for litigation purposes. The complainant had initiated a lawsuit against DND, naming the Attorney General of Canada as respondent. DND disclosed the information, including physical and mental health files, to the DOJ in response to a document collection order for defending against the lawsuit. The OPC found that both the collection by DOJ and disclosure by DND were permissible under the Privacy Act, specifically paragraph 8(2)(d), as the disclosure was to the Attorney General for use in legal proceedings involving the Government of Canada. The OPC also noted that the Act makes no distinction based on the sensitivity of personal information and that doctor-patient confidentiality is not a general privilege in Canadian law. Both complaints were found to be not well-founded.