Records deemed 'transitory' prematurely destroyed - February 10, 2015
The complainant, a former Canadian Forces member, alleged that the Department of National Defence (DND) contravened the Privacy Act by prematurely destroying an audio recording of his Progress Review Board (PRB) hearing. The OPC found that the recording contained personal information used for an administrative purpose and should have been retained for at least two years, as required by the Act, unless the complainant consented to its destruction. DND's destruction of the recording shortly after the hearing was deemed premature. The OPC recommended that DND develop a policy for retention and disposal of PRB hearing records and, in the interim, retain such recordings or transcriptions for at least two years.
- Whether the audio recording of the PRB hearing contained personal information used for an administrative purpose.
- Whether the complainant consented to the destruction of the audio recording.
- Whether DND's destruction of the audio recording violated the retention provisions of the Privacy Act.
- Whether DND provided access to accurate records following the hearing.
Complaint well-founded — corrective measures recommended
The OPC determined that the audio recording captured personal information used in a decision-making process that directly affected the complainant, thus triggering the retention requirements under section 6 of the Privacy Act. The complainant's signature on the hearing minutes did not constitute consent for the destruction of the recording.
AI-generated summary for reference only. Always verify against the official decision ↗
DND is encouraged to develop and implement a policy for the collection, retention, and disposal of information from PRB hearings, and in the interim, retain PRB recordings or verbatim transcriptions for at least two years unless consent to destroy is obtained.
- s. 3 Privacy Act
- s. 6 Privacy Act
- s. 4 Privacy Regulations
This summary is informational only and not legal advice.