The PBC refuses to process requests for record suspension information
The OPC investigated two complaints against the Parole Board of Canada (PBC) concerning access to record suspension information under the Privacy Act. The first complaint involved the PBC's refusal to process requests from a third-party background screening company, citing section 22(1)(b) of the Privacy Act and arguing injury to the enforcement of the Criminal Records Act (CRA). The second complaint challenged the PBC's requirement for extensive identification, such as Fingerprint Serial (FPS) numbers or copies of criminal records, from individuals making direct access requests. The OPC found that individuals have a right to confirm if no responsive records exist and that the PBC erred in its broad application of section 22(1)(b), which was only justified in specific cases where identity could not be confirmed without additional information. The OPC also concluded that the PBC's identification requirements were excessive for initial processing. Consequently, the OPC found both complaints to be well-founded and issued recommendations to the PBC.
- 1Whether an individual can make a request under the Privacy Act to confirm that no personal information relating to record suspensions exists.
- 2Whether the PBC properly applied the exemption under paragraph 22(1)(b) of the Privacy Act to refuse access requests for record suspension information.
- 3Whether the disclosure of record suspension information under the Privacy Act would injure the enforcement of the Criminal Records Act.
- 4Whether the PBC's requirement for additional identification (FPS number, PBC reference number, criminal record copy) is necessary to adequately identify a requester under the Privacy Act.
- 5Whether the company's record suspension verification service circumvents the vulnerable sector verification process under the CRA.
- 6Whether the consent obtained by the company for its service is valid.
- 7Whether the proposed use of personal information by the company violates human rights legislation.
- Application of s.22(1)(b): PBC erred in broad application of exemption
- Right to confirm no records: Individuals have right to confirm no responsive records
- Identification requirements: PBC's requirements were excessive for initial processing
- Complaint 1 outcome: Complaint found well-founded
- Complaint 2 outcome: Complaint found well-founded
Complaints well-founded — recommendations not fully accepted by institution
The PBC erred in its broad application of the s.22(1)(b) exemption and imposed excessive identification requirements for initial processing of access requests, which were not justified by the Privacy Act or the need to protect against unauthorized disclosure. The PBC did not fully accept the OPC's recommendations, indicating the contravention persists.
The OPC recommended that the PBC cease its broad reliance on s.22(1)(b) of the Privacy Act to refuse access requests for record suspension information and limit the amount and type of identification information requested to what is necessary to adequately identify a requester, and reprocess affected requests.
- s.12 Privacy Act
- s.13 Privacy Act
- s.14 Privacy Act
- s.16 Privacy Act
- s.22(1)(b) Privacy Act
- s.35 Privacy Act
- s.8(1) Privacy Regulations
- s.8(2) Privacy Regulations
- s.6 Criminal Records Act
- s.6.1 Criminal Records Act
- s.6.3 Criminal Records Act
- s.6.4 Criminal Records Act
This summary is informational only and not legal advice.
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