DND breached the Privacy Act in disclosing the identity of a workplace violence complainant who had an expectation of confidentiality

The Department of National Defence (DND) disclosed the identity of a workplace violence (WPV) complainant and the investigation report to a second investigator, who was conducting a separate administrative investigation into the complainant's conduct. The OPC found that while disclosing the report to labour relations was a consistent use, disclosing it to the second investigator was not, as it was not a reasonably expected use of the information given the confidentiality assurances provided to the complainant. This disclosure was therefore found to be a contravention of the Privacy Act.

• Was the disclosure of the WPV complainant's identity and report to a second investigator a 'consistent use' under paragraph 8(2)(a) of the Privacy Act?
• Did DND's consent form clearly communicate potential uses and disclosures of the complainant's identity?
• Did the disclosure align with the reasonable expectations of the complainant regarding confidentiality?
• What corrective actions are necessary to ensure future compliance with privacy principles in WPV investigations?