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

The Office of the Privacy Commissioner of Canada investigated two complaints concerning the disclosure of a military officer's personal health information. The Department of National Defence (DND) disclosed the information to the Department of Justice (DOJ) to defend against litigation initiated by the complainant against the government. The OPC found that both the disclosure by DND and the collection by DOJ were permissible under paragraph 8(2)(d) of the Privacy Act, as the information was disclosed to the Attorney General for use in legal proceedings involving the Crown. The OPC concluded that the Privacy Act does not distinguish between types of personal information and that the disclosure was necessary for legal defence, upholding the legal interpretation confirmed by the Federal Court.

• Permissibility of disclosing personal health information for litigation purposes under paragraph 8(2)(d) of the Privacy Act.
• Whether the collection of personal medical information by the Department of Justice was a contravention of the Privacy Act.
• Whether the disclosure of personal medical information by the Department of National Defence was a contravention of the Privacy Act.
• The scope and interpretation of paragraph 8(2)(d) of the Privacy Act regarding disclosures to the Attorney General for legal proceedings.