Investigation of the Department of National Defence’s refusal to disclose personal information of a deceased individual
The complainant, as executor of a deceased individual's estate, requested personal information from the Department of National Defence (DND). DND refused to disclose most information, citing Privacy Act exemptions and arguing the request didn't meet the criteria for accessing information on behalf of a deceased person. The OPC found that the complainant was entitled to make the request for estate administration purposes and that DND failed to conduct an adequate search. DND agreed to conduct searches and provide a new response, leading to the complaint being conditionally resolved.
- Eligibility of an estate executor to request personal information of a deceased individual.
- Proper application of section 26 of the Privacy Act (disclosure of personal information about others).
- Adequacy of DND's search for requested records.
- DND's obligation to process formal access requests even if informal avenues exist.
Complaint well-founded and conditionally resolved
The OPC determined the complainant was authorized to request information for estate administration and that DND improperly withheld information and failed to conduct an adequate search. DND committed to corrective actions.
AI-generated summary for reference only. Always verify against the official decision ↗
DND was recommended to conduct reasonable searches for responsive records and provide a new response to the complainant.
- s. 26 Privacy Act
- s. 12(1) Privacy Act
- s. 3 Privacy Act
- s. 8(2) Privacy Act
- paragraph 10(b) Privacy Regulations
This is a summary of a decision and not legal advice.