Investigation of the Department of National Defence’s refusal to disclose personal information of a deceased individual
The complainant, as the executor of a deceased Canadian Armed Forces member's estate, requested personal information from the Department of National Defence (DND) for estate administration purposes. DND initially refused disclosure, citing that the request did not meet the criteria under paragraph 10(b) of the Privacy Regulations and withheld information under section 26 of the Privacy Act, also claiming some records were not under its control or had surpassed retention periods. The OPC found that the complainant was authorized under paragraph 10(b) to access certain information (items 4, 5, 9, and later 2, 6, 7, 8) as it was relevant to potential civil claims regarding the deceased's financial situation and alleged undue influence. The investigation concluded that DND failed to conduct an adequate search for records and improperly applied section 26 without reviewing the records. DND was also found to have improperly deferred the complainant to an informal avenue without formally processing the request. The OPC recommended DND conduct a reasonable search for the specified records and provide a new response, which DND agreed to do. The complaint was therefore found well-founded and conditionally resolved.
- 1Whether the complainant, as executor, was entitled to make a request on behalf of the deceased member under paragraph 10(b) of the Privacy Regulations for the purpose of administering the estate.
- 2Whether the complainant sufficiently articulated or substantiated the precise purposes of the information to administer the estate and how the records in question could further those purposes.
- 3Whether DND properly applied section 26 of the Privacy Act in refusing to disclose the requested information.
- 4Whether DND conducted an adequate search for the requested records.
- 5Whether DND improperly deferred the complainant to another avenue without formally processing a portion of the access request.
- 6Whether personal information of a deceased individual (less than 20 years deceased) retains the same privacy protection as a living individual.
- 7Whether the 'only for the purpose of such administration' clause in paragraph 10(b) of the Regulations imposes stricter requirements than 'relates to the administration of the individual’s estate' in MFIPPA.
- 8Whether records sought to assist in prosecuting a civil claim brought on behalf of the estate for damages recoverable by the estate relate to the administration of the estate.
- 9Whether records relevant to the deceased’s financial situation and allegations of fraud or theft of the deceased’s property relate to the administration of the estate.
- 10Whether DND's obligation to process a formal access request is relieved if other informal avenues exist.
- Access to personal information: Complainant authorized under s.10(b) for specific items
- Adequacy of search: Search found inadequate
- Application of s.26: Exemption improperly applied
- Processing of request: Improper deferral to informal avenue
- Recommendations: DND to conduct new search and response
Complaint well-founded and conditionally resolved
The OPC found that the complainant, as executor, was authorized to request the information for estate administration, and DND failed to conduct an adequate search or properly apply the exemption, but DND committed to taking corrective actions.
The OPC recommended that DND conduct a reasonable search for the specified records and provide a new response to the complainant, which DND agreed to do.
- s.3 Privacy Act
- s.12(1) Privacy Act
- s.26 Privacy Act
- paragraph 10(b) Privacy Regulations
- s.8(2) Privacy Act
- s.8(2)(m)(i) Privacy Act
This summary is informational only and not legal advice.
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