Public disclosure of medical information during military trial consistent with Privacy Act

A former military member complained that the Department of National Defence (DND) wrongfully compelled him to publicly disclose medical information during an open military summary trial. The complainant argued this disclosure, made as part of his defense against an absence-without-leave charge, violated the Privacy Act. DND contended that summary trials are subject to the "open courts" principle, and since the complainant did not request confidentiality, the disclosure was permissible. The OPC found that the Privacy Act applies to summary trials conducted by the Canadian Forces. However, it concluded that the disclosure was consistent with sections 8(2)(a) and 8(2)(b) of the Privacy Act, which allow disclosure for the purpose for which information was obtained or compiled, or in accordance with an Act of Parliament. The OPC also noted that once information is disclosed in an open court proceeding, it becomes publicly available under section 69(2) of the Act. Therefore, the complaint was found to be not well-founded.