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 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