The PBC refuses to process requests for record suspension information
The Office of the Privacy Commissioner (OPC) investigated two complaints against the Parole Board of Canada (PBC) concerning access to record suspension information. The OPC found that the PBC improperly refused to process access requests submitted by a third-party screening company and also improperly required requesters to provide excessive identification information. The OPC concluded that the PBC's reliance on paragraph 22(1)(b) of the Privacy Act was not justified in most cases, and its identification requirements went beyond what was necessary.
- Can a requester ask to confirm that no personal information exists?
- Is paragraph 22(1)(b) of the Privacy Act properly applied to refuse access requests for record suspension information?
- Are the PBC's identification requirements for processing requests excessive?
Complaints well-founded
The OPC determined that the PBC erred in invoking paragraph 22(1)(b) as a basis to refuse requests and that its identification requirements exceeded what was necessary to adequately identify a requester. The PBC failed to demonstrate that disclosing record suspension information, in most circumstances, would be injurious to the enforcement of the Criminal Records Act.
AI-generated summary for reference only. Always verify against the official decision ↗
The OPC recommended that the PBC cease its reliance on section 22(1)(b) to refuse access requests for record suspension information, except in specific circumstances where identity cannot be confirmed. It also recommended limiting the requested information to what is necessary for identification.
- paragraph 22(1)(b) Privacy Act
- section 6.3 Criminal Records Act
- section 12 Privacy Act
- section 13 Privacy Act
- section 14 Privacy Act
- section 15 Privacy Act
- section 16 Privacy Act
- subsection 8(1) Privacy Regulations
- subsection 8(2) Privacy Regulations
This summary is informational only and not legal advice.