Privacy Act restrictions on use and disclosure do not apply to publicly available personal information

The complainant alleged that the Canada Border Services Agency (CBSA) improperly disclosed his personal medical information to a third party by carbon copying them on a letter. The CBSA argued the information was publicly available from court documents. The OPC found that while the CBSA did disclose personal information, this disclosure was not a contravention because the information was indeed publicly available in court records, making section 8 of the Privacy Act inapplicable under subsection 69(2).

• Was the personal information disclosed by the CBSA considered "personal information" under the Privacy Act?
• Was the disclosed personal information "publicly available"?
• Did subsection 69(2) of the Privacy Act apply, rendering section 8 of the Act inapplicable?
• If section 8 applied, would the disclosure have been permitted under subsection 8(2)?