Canadian privacy & access decisions

The OPC investigated two complaints against the Parole Board of Canada (PBC) concerning access to record suspension information under the Privacy Act. The first complaint involved the PBC's refusal to process requests from a third-party background screening company, citing section 22(1)(b) of the Privacy Act and arguing injury to the enforcement of the Criminal Records Act (CRA). The second complaint challenged the PBC's requirement for extensive identification, such as Fingerprint Serial (FPS) numbers or copies of criminal records, from individuals making direct access requests. The OPC found that individuals have a right to confirm if no responsive records exist and that the PBC erred in its broad application of section 22(1)(b), which was only justified in specific cases where identity could not be confirmed without additional information. The OPC also concluded that the PBC's identification requirements were excessive for initial processing. Consequently, the OPC found both complaints to be well-founded and issued recommendations to the PBC.

• Whether an individual can make a request under the Privacy Act to confirm that no personal information relating to record suspensions exists.
• Whether the PBC properly applied the exemption under paragraph 22(1)(b) of the Privacy Act to refuse access requests for record suspension information.
• Whether the disclosure of record suspension information under the Privacy Act would injure the enforcement of the Criminal Records Act.
• Whether the PBC's requirement for additional identification (FPS number, PBC reference number, criminal record copy) is necessary to adequately identify a requester under the Privacy Act.
• Whether the company's record suspension verification service circumvents the vulnerable sector verification process under the CRA.
• Whether the consent obtained by the company for its service is valid.
• Whether the proposed use of personal information by the company violates human rights legislation.