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Canadian privacy & access decisions

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1 decision matching
Federal (Canada)Privacy ActNo jurisdiction
Federal (Canada) flag
Mar 4, 2014Indexed Jun 30, 2026

Retroactive removal of Privacy Act provisions leaves gun registry complainant with no recourse - 2015

Royal Canadian Mounted Police (RCMP)

The complainant alleged that the RCMP continued to retain and use personal information from the national long-gun registry, which should have been destroyed under the Ending the Long-Gun Registry Act. Specific allegations included a High River RCMP member's statement about locating firearms and an email from a Langley RCMP member referring to non-restricted firearm registration. The RCMP stated that electronic records were destroyed in October 2012 and hard copies by December 2013 (except for Quebec records). They also argued that information extracted from the registry before its destruction and retained in case files could be used consistent with its original purpose. The OPC found no evidence of contravention, noting that recent legislative amendments retroactively excluded the application of the Privacy Act to certain long-gun registry records, preventing further investigation into specific examples.

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Privacy ActNo jurisdiction

Retroactive removal of Privacy Act provisions leaves gun registry complainant with no recourse - 2015

Mar 4, 2014
Adjudicator: Chantal Bernier
Plain-Language Summary

The complainant alleged that the RCMP continued to retain and use personal information from the national long-gun registry, which should have been destroyed under the Ending the Long-Gun Registry Act. Specific allegations included a High River RCMP member's statement about locating firearms and an email from a Langley RCMP member referring to non-restricted firearm registration. The RCMP stated that electronic records were destroyed in October 2012 and hard copies by December 2013 (except for Quebec records). They also argued that information extracted from the registry before its destruction and retained in case files could be used consistent with its original purpose. The OPC found no evidence of contravention, noting that recent legislative amendments retroactively excluded the application of the Privacy Act to certain long-gun registry records, preventing further investigation into specific examples.

Key Issues
  • Whether the RCMP continued to retain and use personal information from the national long-gun registry after it was required to be destroyed
  • Whether the High River RCMP used personal information from the long-gun registry in June 2013
  • Whether other RCMP detachments continued to use personal information from the long-gun registry after electronic records were destroyed in October 2012
  • Whether copies of the long-gun registry containing personal information still exist in the possession of the RCMP or other police services
  • Whether the use of personal information from the long-gun registry, retained in case files prior to the Ending the Long-gun Registry Act, is consistent with section 7 of the Privacy Act
  • Whether the retroactive exclusion of the Privacy Act by Bill C-59 affects the investigation