Federal (Canada)Privacy ActNo jurisdiction

Retroactive removal of Privacy Act provisions leaves gun registry complainant with no recourse - 2015

Organization: Royal Canadian Mounted Police (RCMP)Complainant: Anonymous applicant
Plain-language brief

The complainant alleged that the RCMP continued to retain and use personal information from the national long-gun registry, which should have been destroyed under the Ending the Long-Gun Registry Act. Specific allegations included a High River RCMP member's statement about locating firearms and an email from a Langley RCMP member referring to non-restricted firearm registration. The RCMP stated that electronic records were destroyed in October 2012 and hard copies by December 2013 (except for Quebec records). They also argued that information extracted from the registry before its destruction and retained in case files could be used consistent with its original purpose. The OPC found no evidence of contravention, noting that recent legislative amendments retroactively excluded the application of the Privacy Act to certain long-gun registry records, preventing further investigation into specific examples.

Key issues
  1. 1Whether the RCMP continued to retain and use personal information from the national long-gun registry after it was required to be destroyed
  2. 2Whether the High River RCMP used personal information from the long-gun registry in June 2013
  3. 3Whether other RCMP detachments continued to use personal information from the long-gun registry after electronic records were destroyed in October 2012
  4. 4Whether copies of the long-gun registry containing personal information still exist in the possession of the RCMP or other police services
  5. 5Whether the use of personal information from the long-gun registry, retained in case files prior to the Ending the Long-gun Registry Act, is consistent with section 7 of the Privacy Act
  6. 6Whether the retroactive exclusion of the Privacy Act by Bill C-59 affects the investigation
Outcome breakdownFavours: Institution
  • Retention of long-gun registry data: No evidence of contravention found
  • Application of Privacy Act: Retroactively excluded by legislation
  • Investigation of specific examples: Prevented by legislative changes
Outcome

Complaint not well-founded due to lack of evidence and retroactive legislative changes

Reasoning

The OPC found no evidence to confirm the RCMP used personal information from the long-gun registry in contravention of the Privacy Act. Furthermore, Bill C-59 retroactively excluded the application of the Privacy Act to certain long-gun registry records, precluding further investigation.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.6(1) Privacy Act
  • s.6(3) Privacy Act
  • s.7 Privacy Act
  • s.8(2) Privacy Act
  • s.29(1) Ending the Long-gun Registry Act
  • s.29(2) Ending the Long-gun Registry Act
  • s.29(3) Ending the Long-gun Registry Act
  • s.230(5) Bill C-59

This summary is informational only and not legal advice

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