Investigation into the disclosure of an adopted child’s name to their biological mother by the Canada Revenue Agency
A complainant alleged that the Canada Revenue Agency (CRA) inappropriately disclosed her adoptive child's name and her personal information to the child's biological mother, contravening section 8 of the Privacy Act. The child's name had been changed for safety reasons after a closed adoption. The OPC found that, on the balance of probabilities, the CRA likely disclosed the child's adoptive name to the biological mother, leading to significant negative impacts on the family. The investigation also revealed deficiencies in the CRA's internal procedures for safeguarding adopted children's personal information. The OPC issued recommendations to revise procedures, provide comprehensive training, and implement oversight measures. The CRA agreed to implement two of the three recommendations, but declined the oversight measure, leading to a "well-founded and not resolved" finding.
- 1Whether the CRA disclosed the child’s adoptive name to the biological mother in contravention of section 8 of the Privacy Act
- 2Whether the CRA's internal procedures for safeguarding adopted children's personal information were adequate
- Disclosure of personal information: Disclosure likely occurred
- Contravention of Privacy Act: Section 8 contravened
- CRA procedures: Deficiencies found
- OPC recommendations: Recommendations issued
- Resolution of complaint: Not resolved due to CRA's refusal of oversight measure
Complaint well-founded and not resolved — CRA partially implemented recommendations
The OPC found that the CRA likely disclosed the child's adoptive name to the biological mother, contravening section 8 of the Privacy Act, and identified deficiencies in CRA's procedures. While the CRA agreed to implement some recommendations, it declined to implement oversight measures, meaning the issue is not fully resolved.
The OPC recommended that the CRA review and revise its procedures in the Benefits Operation Manual, ensure comprehensive training for employees on updated procedures and safeguarding children's personal information, and implement oversight measures to monitor compliance for one year. The CRA agreed to the first two but declined the third.
- s.8 Privacy Act
- s.8(1) Privacy Act
- s.8(2) Privacy Act
- s.3 Privacy Act
This summary is for informational purposes only and not legal advice.
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