BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Retroactive removal of Privacy Act provisions leaves gun registry complainant with no recourse - 2015
Office of the Privacy Commissioner of CanadaPrivacy ActNo jurisdiction
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Retroactive removal of Privacy Act provisions leaves gun registry complainant with no recourse - 2015

Organization: Royal Canadian Mounted Police (RCMP)
Decision: Mar 4, 2014Published: Mar 4, 2014

A complainant alleged that the RCMP continued to retain and use personal information from the long-gun registry after it was legally required to be destroyed. The investigation focused on whether the RCMP used this information in contravention of section 7 of the Privacy Act. While the RCMP provided evidence that the registry records were destroyed, the complainant pointed to instances suggesting otherwise. However, the OPC could not find evidence to support the allegation that the RCMP used deleted long-gun registry information and noted that subsequent legislation retroactively exempted certain information from the Privacy Act.

  • Whether the RCMP retained and used personal information from the long-gun registry after it was legally required to be destroyed.
  • Whether the alleged use of this information contravened section 7 of the Privacy Act.
  • The impact of retroactive legislative amendments on the investigation and the application of the Privacy Act.

Complaint not well-founded.

The investigation did not uncover evidence that the RCMP used personal information from the long-gun registry that was required to be deleted. Furthermore, subsequent legislation retroactively exempted certain long-gun registry information from the Privacy Act.

AI-generated summary for reference only. Always verify against the official decision ↗

Statutory provisions cited
  • s. 7 Privacy Act
  • s. 6(1) Privacy Act
  • s. 6(3) 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

This summary is for informational purposes only and does not constitute legal advice.