Investigation of the Department of National Defence’s refusal to disclose personal information of a deceased individual

A representative acting for the executor of an estate requested personal information about a deceased individual from the Department of National Defence (DND). DND determined the representative was not entitled to the information under paragraph 10(b) of the Privacy Regulations because they did not sufficiently demonstrate a connection between the information sought and the administration of the estate. While DND processed the request informally and disclosed some information under another provision of the Act, they did not clearly state the grounds for refusal. The OPC found the complaint not well-founded as the representative failed to adequately articulate and substantiate the estate's purposes and how the records would serve them.

• Whether the representative was authorized to make a request on behalf of the deceased under paragraph 10(b) of the Privacy Regulations for the purpose of administering the estate.
• Whether the representative sufficiently demonstrated a connection between the information sought and the administration of the deceased's estate.
• Whether DND properly notified the representative of the refusal and the basis for it.
• Whether DND properly handled the request informally.