Records deemed 'transitory' prematurely destroyed - February 10, 2015
A former Canadian Forces member complained that the Department of National Defence (DND) prematurely destroyed an audio recording of his Progress Review Board (PRB) hearing, thereby contravening the retention and disposal provisions of the Privacy Act. The complainant argued that the recording was personal information used for an administrative purpose and should have been retained for a reasonable period to allow him access. DND contended the recording was a "transitory" record, destroyed after minutes were drafted, and that the complainant had implicitly consented to its disposal by signing the minutes. The OPC found that the audio recording contained personal information used for an administrative purpose and that the complainant had not consented to its disposal. Therefore, DND was obligated to retain the recording for at least two years.
- 1Whether the audio recording contained the complainant's "personal information" as defined by the Act
- 2Whether the personal information in the audio recording was used for an "administrative purpose"
- 3Whether the complainant consented to the disposal of the information
- 4Whether DND's classification of the recording as "transitory" exempted it from Privacy Act retention requirements
- Personal information: Audio recording deemed personal information
- Administrative purpose: Audio recording used for administrative purpose
- Consent to disposal: No consent to disposal found
- Retention period: DND obligated to retain recording for two years
Complaint well-founded — corrective measures recommended
The OPC found that the audio recording contained personal information used for an administrative purpose, triggering the two-year retention requirement under the Privacy Act. DND failed to obtain the complainant's consent for early disposal, and the "transitory" nature of the record did not override the Act's requirements.
DND is encouraged to develop and implement a policy/procedures for the collection, retention, and disposal of information collected during PRB hearings, specifically addressing section 6 of the Act for audio recordings. In the interim, DND is recommended to retain PRB recordings or verbatim transcriptions for at least two years, unless consent for earlier destruction is obtained from the individual.
- s.3 Privacy Act
- s.6(1) Privacy Act
- s.6(2) Privacy Act
- s.4 Privacy Regulations
This summary is informational only and not legal advice.
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