Repeat offender: CSC unlawfully denies complainant access to his personal information a second time
The Office of the Privacy Commissioner of Canada investigated a complaint from a federal inmate who alleged that Correctional Service Canada (CSC) contravened the Privacy Act by denying him access to personal information, specifically video and audio recordings. This was a repeat issue, as similar allegations were found to be well-founded in a previous investigation. While CSC properly exempted some recordings, it failed to respond to some requests entirely and, critically, failed to retrieve and retain requested video recordings before they were overwritten in two instances, despite previous recommendations to improve processes for short-retention period records. The complaint was found well-founded due to these failures to provide timely access.
- Timeliness of responding to access to information requests.
- Retention and destruction of personal information, particularly video recordings.
- Appropriate application of exemptions to disclosure.
- Failure to implement previous recommendations regarding record retrieval.
Complaint well-founded — corrective measures ordered
CSC contravened the Act by failing to provide timely access to personal information, including failing to retrieve requested video recordings before their destruction, and by not responding to several requests. Although CSC accepted the recommendations, the finding is well-founded due to past and present failures.
AI-generated summary for reference only. Always verify against the official decision ↗
CSC was recommended to develop appropriate processes to ensure timely action on personal information requests and to provide complete responses to the complainant's outstanding requests. CSC accepted these recommendations and committed to implementing them.
- s. 6(1) Privacy Act
- s. 12(1) Privacy Act
- s. 16(3) Privacy Act
- para. 22(1)(c) Privacy Act
- s. 26 Privacy Act
- s. 4(1) Privacy Regulations
This summary is informational only and not legal advice.