Global Affairs Canada fails to demonstrate its authority to collect the personal information contained in diplomatic passports

A Global Affairs Canada (GAC) employee complained that GAC contravened the Privacy Act by requesting the return of his diplomatic passport, which contained personal travel information, for an administrative investigation. The complainant argued that GAC's policy required him to use the diplomatic passport for both personal and work travel while posted abroad, and returning it would lead to an improper collection of his personal information. GAC contended that the diplomatic passport is government property and it had the authority to collect the information for an investigation into alleged misconduct. The OPC found that GAC failed to demonstrate how the personal travel history related directly to an operating program or activity, as required by the Privacy Act. Although no collection occurred because the complainant refused to return the passport, the OPC concluded that GAC lacked the authority to collect such personal information. The complaint was deemed well-founded, and the OPC recommended GAC clarify its policies and inform diplomatic passport users of the privacy implications.