Veteran’s complaint highlights significant privacy issues - October 6, 2010
A veteran complained that Veterans Affairs Canada (VAC) inappropriately used his personal information by including excessive medical details in briefing notes for the Minister and by transferring his medical file to a hospital without consent. The OPC investigation found that briefing notes contained sensitive medical information far beyond what was necessary for their stated purpose and that this information was widely shared within VAC on a non-need-to-know basis. It also found that VAC transferred the complainant's medical file to a hospital it administered without obtaining his consent, despite departmental guidelines requiring it. The OPC concluded that VAC's actions violated section 7 of the Privacy Act, which governs the use of personal information. The complaint was found to be well-founded, and the OPC issued several recommendations to VAC, including developing an enhanced privacy policy framework, revising information-management practices, providing employee training, and reviewing consent procedures for information transfers.
- 1Whether Veterans Affairs Canada used the complainant's personal information for purposes not consistent with the purpose for which it was obtained or compiled, without consent, in contravention of section 7 of the Privacy Act, by including excessive medical details in briefing notes for the Minister.
- 2Whether Veterans Affairs Canada used the complainant's personal information for purposes not consistent with the purpose for which it was obtained or compiled, without consent, in contravention of section 7 of the Privacy Act, by widely sharing sensitive personal information within the department on a non-need-to-know basis.
- 3Whether Veterans Affairs Canada used the complainant's personal information for purposes not consistent with the purpose for which it was obtained or compiled, without consent, in contravention of section 7 of the Privacy Act, by transferring his medical file to a hospital without obtaining his consent.
- Use of personal information: Excessive medical details in briefing notes violated Privacy Act
- Disclosure of personal information: Transfer of medical file without consent violated Privacy Act
- Complaint outcome: Complaint found well-founded
- Recommendations: OPC issued recommendations to VAC
Complaint well-founded — corrective measures recommended
The OPC found that Veterans Affairs Canada's use and disclosure of the complainant's personal and medical information, both in briefing notes and through transfer to a hospital, violated section 7 of the Privacy Act because it was not for the purpose for which it was obtained or compiled, nor was it a consistent use, and consent was not obtained.
The OPC recommended that Veterans Affairs Canada develop an enhanced privacy policy framework, revise information-management practices to ensure need-to-know access, provide employee training on information handling, and review procedures to ensure consent is obtained before transferring personal information to veterans' hospitals.
- s.7 Privacy Act
This summary is informational only and not legal advice.
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