BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/RCMP retention period for disciplinary records questioned
Office of the Privacy Commissioner of CanadaPrivacy ActNot well-founded
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RCMP retention period for disciplinary records questioned

Organization: Royal Canadian Mounted Police (RCMP)Complainant: staff relations representative on behalf of RCMP members
Decision: Oct 30, 2014Published: Oct 30, 2014

A staff relations representative complained that the RCMP's disclosure of informal disciplinary records to the Crown was inconsistent with the Supreme Court’s McNeil decision. The complainant argued that only records from formal disciplinary hearings should be disclosed. The OPC agreed with the RCMP that all disciplinary records, informal or formal, may need to be disclosed if relevant to court proceedings. While the complaint was found not well-founded, the OPC recommended the RCMP reconsider its policy of retaining disciplinary records until members reach 100 years of age, which is significantly longer than other police services.

  • Disclosure of informal disciplinary records to the Crown in light of the McNeil decision
  • Relevance determination for disclosure of disciplinary records
  • Retention period for RCMP disciplinary records

Complaint not well-founded, but recommendations made regarding record retention

The OPC agreed with the RCMP that disclosure of informal disciplinary records to the Crown is consistent with the McNeil decision, as the Crown bears the responsibility for determining relevance. However, the OPC expressed serious concerns about the RCMP's extensive retention period for these records.

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Recommended action / remedy

The OPC recommended that the RCMP reconsider its retention policies for disciplinary records.

This summary is informational only and not legal advice.