Federal (Canada)Privacy ActWell-founded

Royal Canadian Mounted Police revealed absolute discharge

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

A man applied for a Transportation Security Clearance in July 2010, which was denied by Transport Canada (TC) in September 2011 based on information from the RCMP. The man complained that the RCMP improperly disclosed his personal information to TC. The RCMP had obtained information about an incident involving the complainant in 2009, which resulted in an absolute discharge a few months later. The RCMP provided this information to TC in 2011. The OPC found that the disclosure contravened the Criminal Records Act because more than a year had passed since the absolute discharge and no ministerial approval was obtained. The disclosure was also not authorized under the Privacy Act. The complaint was found to be well-founded.

Key issues
  1. 1Whether the RCMP's disclosure of personal information to Transport Canada contravened the Criminal Records Act
  2. 2Whether the RCMP's disclosure of personal information to Transport Canada was authorized under the Privacy Act
Outcome breakdownFavours: Applicant / complainant
  • Disclosure of personal information: Disclosure contravened Criminal Records Act
  • Disclosure of personal information: Disclosure not authorized under Privacy Act
  • Complaint outcome: Complaint well-founded
Outcome

Complaint well-founded — corrective measures recommended

Reasoning

The OPC found that the RCMP disclosed information about an absolute discharge after the statutory period for non-disclosure had passed, without the required ministerial approval, and that this disclosure was not authorized by the Privacy Act.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The OPC recommended that the RCMP send a letter of apology to the complainant.

Statutes considered
  • Criminal Records Act
  • Privacy Act

This summary is informational only and not legal advice.

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