Investigation into the denial of access to a child’s personal information by Immigration, Refugees and Citizenship Canada

The complainant requested his minor child's passport application from Immigration, Refugees and Citizenship Canada (IRCC), citing a court order granting him access to his children's information. IRCC denied the request, stating the child's consent was required. The OPC found that while the complainant had legal authorization to act on his child's behalf, the request was not made for the child's benefit or best interests, a key condition under the Privacy Regulations. Therefore, the OPC concluded that the complainant did not have a right of access to the child's personal information.

• Whether a parent has an automatic right of access to a minor child's personal information under the Privacy Act.
• Interpretation of the Privacy Regulations regarding requests made on behalf of a minor.
• Whether the complainant's request served the child's best interests.
• The decision-making capacity of a minor regarding their personal information.