Veterans Affairs Improperly Reveals Severity of Disability - Twice
A Canadian Forces member complained that Veterans Affairs Canada (VAC) improperly disclosed the exact percentage of his disability pension to the Department of National Defence (DND) without his consent. This was the second such complaint from the same individual, with a similar complaint in 2008 having been found well-founded. The OPC's investigation found that an agreement between VAC and DND limited information sharing to five specific pieces of information, none of which included the disability percentage. VAC argued the disclosure was in the public interest under subsections 8(2)(m)(i) and 8(2)(m)(ii) of the Privacy Act, but the OPC found no evidence that the disclosure was deliberate or necessary for the complainant's treatment. The disclosure appeared to be an accidental forwarding of an internal email chain. The OPC found the complaint well-founded and made recommendations to VAC.
- 1Whether Veterans Affairs Canada disclosed personal information (disability pension percentage) to the Department of National Defence without consent
- 2Whether the disclosure was in accordance with the information-sharing agreement between VAC and DND
- 3Whether the disclosure was useful or necessary to facilitate the complainant's medical treatment
- 4Whether the disclosure qualified under the "public interest" provisions of subsections 8(2)(m)(i) and 8(2)(m)(ii) of the Privacy Act
- Improper disclosure: Complaint well-founded
- Public interest disclosure: Justification rejected
- Information sharing agreement: Disclosure outside agreement
- Recommendations: Recommendations made to VAC
Complaint well-founded — corrective measures implemented
The OPC found that Veterans Affairs Canada disclosed the complainant's disability pension percentage to the Department of National Defence without consent and outside of established information-sharing agreements. The disclosure was not found to be deliberate or necessary for treatment, nor did it meet the criteria for the public interest exemption.
The OPC recommended that Veterans Affairs Canada review and comply with its existing policies and procedures for sharing personal information with the Department of National Defence, disseminate these policies to employees, and provide training on appropriate information handling practices. Both recommendations were accepted and implemented.
- s.8(2)(m)(i) Privacy Act
- s.8(2)(m)(ii) Privacy Act
This summary is informational only and not legal advice
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