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

A former member of the Canadian Armed Forces complained that the Department of National Defence (DND) wrongfully compelled him to publicly disclose medical information during a military summary trial. The Office of the Privacy Commissioner of Canada (OPC) found the complaint was not well-founded. The OPC determined that the disclosure was made as testimony during a public military trial, consistent with the open courts principle and the National Defence Act. Since confidentiality was not requested, the disclosure was permitted under subsections 8(2)(a) and 8(2)(b) of the Privacy Act.

• Applicability of the Privacy Act to military summary trials
• Whether public disclosure of medical information during a summary trial contravened the Privacy Act
• The principle of open courts in military justice proceedings
• The concept of publicly available information under section 69 of the Privacy Act