Canadian privacy & access decisions

A complainant alleged that the Correctional Service of Canada (CSC) denied him full access to a report concerning his treatment and supervision. The complainant initially received a three-page summary, but later learned the full report was ten pages with more findings. The OPC's investigation confirmed the existence of the longer report. CSC stated they provided a condensed version because the full report was based on informal interviews. The OPC found that providing an abbreviated version misrepresented the information and was contrary to CSC's obligations under the Privacy Act to process all relevant information. After negotiations, CSC provided the full report with third-party personal information redacted and committed to reviewing its access request handling and educating staff on Privacy Act obligations.

• Whether Correctional Service of Canada denied full access to a report
• Whether providing a condensed version of a report constitutes a misrepresentation of information
• Whether Correctional Service of Canada fulfilled its responsibility to identify and process all relevant information under the Privacy Act

A sergeant complained that his estranged wife, a civilian employee at a Canadian Forces Base, had unauthorized access to his military health records. The sergeant provided an audit log showing his wife accessed his Canadian Forces Health Information Services (CFHIS) account and deleted a physiotherapy appointment. National Defence (DND) confirmed the unauthorized access and noted she also accessed a paper physiotherapy file. DND determined she willfully breached departmental rules and implemented system restrictions to bar her access. The OPC found the access and use of medical information inconsistent with its original purpose and not a permissible use under the Privacy Act, upholding the complaint as well-founded. DND has since implemented new CFHIS controls and is evaluating its systems and practices for health information.

• Whether the estranged wife's access to the sergeant's medical records was authorized
• Whether the access and use of medical information was consistent with the purpose for which it was originally intended
• Whether the access and use met permissible uses defined in the Privacy Act

A woman complained to the OPC that Aboriginal Affairs and Northern Development Canada (AANDC) was putting her at risk of identity theft by publishing her full name and date of birth in the Canada Gazette, which is available online. This information was published as part of the enrollment process for the Qalipu Mi’kmaq First Nation Band. The OPC investigated whether this disclosure was consistent with the Privacy Act. The OPC determined that the disclosure was for the purpose for which the information was originally collected, which was for the identification and recognition of Band members. Therefore, the disclosure was permissible under the Privacy Act without the individual's consent. The complaint was found to be not well-founded, but the OPC recommended AANDC explore future options to mitigate identity theft risks.

• Whether the disclosure of full name and date of birth in the Canada Gazette was consistent with the Privacy Act
• Whether personal information can be disclosed without consent when it is for the purpose for which it was originally collected

First Nations activist Cindy Blackstock complained that Aboriginal Affairs and Northern Development Canada (AANDC) and the Department of Justice Canada (DOJ) contravened the Privacy Act by collecting her personal information from her Facebook page. The departments argued that information posted publicly on Facebook was not personal. The OPC rejected this argument, finding that publicly available information can still be personal under the Privacy Act. The OPC found that the collection of personal information from Ms. Blackstock's personal Facebook page was not directly related to a government operating program or activity. Both departments accepted the OPC's recommendations to cease such collection, destroy previously collected personal information, and develop policies for social media monitoring.

• Whether information posted on a personal Facebook page constitutes "personal information" under the Privacy Act
• Whether the public availability of personal information on the Internet renders it non-personal
• Whether the collection of personal information from Ms. Blackstock's personal Facebook page was directly related to a government operating program or activity
• Whether the monitoring of Ms. Blackstock's public speeches constituted collection of "personal information" under the Privacy Act
• Whether repeated accessing of Ms. Blackstock's Indian status records was a contravention of the Privacy Act

A complainant alleged that a Canadian Forces (CF) employee, with whom he had a prior personal relationship, inappropriately accessed his personal health information. The investigation found that the employee accessed the complainant’s health information in the Canadian Forces Health Information System (CFHIS) multiple times after receiving an anonymous message about the complainant's health. The employee admitted to accessing and using the information for personal reasons, which was inconsistent with the purpose for its collection. The complaint was found to be well-founded. As a result, National Defence acknowledged the importance of privacy awareness and training, implemented new controls in CFHIS, updated its health service policy, and provided training to CF healthcare staff.

• Whether a National Defence employee inappropriately accessed personal health information for personal reasons
• Whether the access was inconsistent with the purpose for which the information was collected

An inmate at a maximum-security penitentiary requested video recordings of incidents involving officers. The Correctional Service of Canada (CSC) denied access, citing third-party information and security concerns. The OPC found complaints regarding 16 destroyed videos to be well-founded, as CSC had not even reviewed them before denial. For two other videos, which CSC claimed contained third-party information and posed security risks, the OPC found CSC correctly applied exemptions, thus resolving those complaints.

• Timeliness of responding to access to information requests
• Destruction of records prior to fulfilling requests
• Application of exemptions for security of penal institutions
• Proper review of records before withholding information

A man applied for a Transportation Security Clearance in July 2010, which was denied by Transport Canada (TC) in September 2011 based on information from the RCMP. The man complained that the RCMP improperly disclosed his personal information to TC. The RCMP had obtained information about an incident involving the complainant in 2009, which resulted in an absolute discharge a few months later. The RCMP provided this information to TC in 2011. The OPC found that the disclosure contravened the Criminal Records Act because more than a year had passed since the absolute discharge and no ministerial approval was obtained. The disclosure was also not authorized under the Privacy Act. The complaint was found to be well-founded.

• Whether the RCMP's disclosure of personal information to Transport Canada contravened the Criminal Records Act
• Whether the RCMP's disclosure of personal information to Transport Canada was authorized under the Privacy Act