Federal (Canada)Privacy ActWell-founded

Estranged wife accessed husband’s medical records

Organization: National Defence (DND)Complainant: Anonymous applicant
Plain-language brief

A sergeant complained that his estranged wife, a civilian employee at a Canadian Forces Base, had unauthorized access to his military health records. The sergeant provided an audit log showing his wife accessed his Canadian Forces Health Information Services (CFHIS) account and deleted a physiotherapy appointment. National Defence (DND) confirmed the unauthorized access and noted she also accessed a paper physiotherapy file. DND determined she willfully breached departmental rules and implemented system restrictions to bar her access. The OPC found the access and use of medical information inconsistent with its original purpose and not a permissible use under the Privacy Act, upholding the complaint as well-founded. DND has since implemented new CFHIS controls and is evaluating its systems and practices for health information.

Key issues
  1. 1Whether the estranged wife's access to the sergeant's medical records was authorized
  2. 2Whether the access and use of medical information was consistent with the purpose for which it was originally intended
  3. 3Whether the access and use met permissible uses defined in the Privacy Act
Outcome breakdownFavours: Applicant / complainant
  • Unauthorized access: Complaint upheld
  • Inconsistent use: Complaint upheld
  • System controls: New controls implemented
  • Departmental practices: Practices under evaluation
Outcome

Complaint well-founded

Reasoning

The OPC found that the estranged wife's access and use of the sergeant's medical information was unauthorized, inconsistent with the purpose for which it was originally intended, and did not meet permissible uses under the Privacy Act.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

National Defence implemented new CFHIS controls to deal with improper access and is evaluating its systems and practices for the collection, retention, use, disclosure, and overall security of CFHIS files.

This summary is informational only and not legal advice.

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