RCMP contravened the Act by using certain types of non-conviction information for vulnerable sector checks without consent
Three individuals complained that the RCMP used non-conviction information in vulnerable sector (VS) checks without their informed consent. The OPC found that the RCMP contravened the Privacy Act in two of the three cases because the consent forms did not clearly explain what types of non-conviction information would be reported. The OPC also determined that the RCMP's policy of broadly reporting non-conviction information, including mental health incidents, was not proportional or minimally intrusive. The RCMP agreed to revise its consent forms and policies.
- Adequacy of informed consent for the use of non-conviction information in vulnerable sector checks.
- Proportionality and minimal intrusiveness of reporting non-conviction information, including mental health incidents, in vulnerable sector checks.
- Compliance with record retention requirements under the Privacy Act.
- Consistency of RCMP policies and practices across different provinces.
Complaints well-founded and conditionally resolved.
The RCMP contravened section 7 of the Privacy Act by using personal information without informed consent in two of the three complaints, as the consent forms were not clear about the types of non-conviction information that would be reported. The investigation also found the RCMP's policy on reporting non-conviction information lacked proportionality and was not minimally intrusive.
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The RCMP agreed to revise its consent forms and policies to clearly specify the types of non-conviction information that will be used and reported in VS checks, and to inform applicants of their right to request an independent review of a decision to include non-conviction information. They also committed to implementing a policy of only considering non-conviction information relevant if it meets specific criteria for 'exceptional disclosure', and that mental health-related occurrences will not be considered relevant unless they meet these criteria.
- s. 7 Privacy Act
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