Federal (Canada)Privacy ActWell-founded

Health Canada erred in withholding personal information

Organization: Health CanadaComplainant: An individual
Plain-language brief

An individual complained after Health Canada refused to provide him with personal information collected during a fitness-for-work evaluation. Health Canada cited section 28 of the Privacy Act, arguing that disclosing information related to his physical or mental health would be contrary to his best interests. The OPC's investigation found that the requested information was not limited to sensitive health records. Therefore, section 28 did not provide a valid reason to withhold access. The complaint was upheld as well-founded, and Health Canada subsequently agreed to release the information, leading to a resolved outcome.

Key issues
  1. 1Whether Health Canada erred in withholding personal information
  2. 2Whether section 28 of the Privacy Act applied to the requested information
  3. 3Whether the information was confined to sensitive records related to mental or physical health
Outcome breakdownFavours: Applicant / complainant
  • Application of s.28: Exemption not upheld
  • Disclosure of records: Records ordered disclosed
  • Complaint outcome: Complaint upheld as well-founded
Outcome

Complaint well-founded and resolved

Reasoning

The OPC found that the personal information sought was not exclusively sensitive health records, thus section 28 of the Privacy Act did not apply. Health Canada subsequently agreed to release the information, resolving the complaint.

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

Health Canada undertook to release the requested information to the complainant.

Statutes considered
  • s.28 Privacy Act

This summary is informational only and not legal advice.

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