Canadian Privacy Decisions

The Department of National Defence (DND) disclosed the identity of a workplace violence (WPV) complainant and the investigation report to a second investigator, who was conducting a separate administrative investigation into the complainant's conduct. The OPC found that while disclosing the report to labour relations was a consistent use, disclosing it to the second investigator was not, as it was not a reasonably expected use of the information given the confidentiality assurances provided to the complainant. This disclosure was therefore found to be a contravention of the Privacy Act.

• Was the disclosure of the WPV complainant's identity and report to a second investigator a 'consistent use' under paragraph 8(2)(a) of the Privacy Act?
• Did DND's consent form clearly communicate potential uses and disclosures of the complainant's identity?
• Did the disclosure align with the reasonable expectations of the complainant regarding confidentiality?
• What corrective actions are necessary to ensure future compliance with privacy principles in WPV investigations?

The complainant alleged that Shared Services Canada (SSC) wrongfully refused to process an access request for records related to informal official language complaints. SSC argued that the request, even after narrowing its scope, did not meet the requirements of section 6 of the Access to Information Act because it would require tasking too many employees and would impose an unreasonable administrative burden. The Information Commissioner disagreed, finding the request sufficiently detailed and ordering SSC to process it.

• Whether the access request provided sufficient detail to enable an experienced employee to identify records with reasonable effort.
• Whether administrative burden on an institution is a valid reason to refuse processing a request.
• Whether the scope of the request necessitated tasking all employees of the department.
• Whether section 6.1 of the Act was the appropriate process to address claims of vexatious requests.