Veterans Affairs Withholds Father's Pension File from Family
The adult children of a deceased veteran complained to the OPC after Veterans Affairs Canada refused to release their father's pension file. The Department argued the Pension Act required it to withhold the information for 20 years after death and that the children were not beneficiaries. The OPC found that the children, acting for the estate, were entitled to access the file under the Privacy Act's Regulations to administer the estate, and that the Department's reasoning was not reasonable. Veterans Affairs subsequently released the file.
- Right of access to personal information in a deceased individual's file by the estate administrator.
- Interpretation of the Privacy Act's Regulations regarding access to files for estate administration.
- Whether the Pension Act superseded the Privacy Act's access provisions in this context.
Complaint well-founded – file released
The OPC determined that the adult children, acting as estate administrators, were entitled to access the deceased veteran's pension file under the Privacy Act's Regulations for the purpose of estate administration. The Department's refusal was deemed unreasonable.
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Veterans Affairs Canada released the veteran's pension file to his survivors.
- Privacy Act's Regulations
This summary is informational only and not legal advice.