Canadian privacy & access decisions

The complainant alleged that National Defence (DND) failed to conduct a reasonable search for records in response to an access request for all finished intelligence assessments produced by J2 Director Strategic Intelligence (J2 DSI) concerning Iraq between January 1, 2000, and December 31, 2003. The OIC investigation found that DND's Offices of Primary Interest did not retrieve all relevant records during the initial search and DND failed to provide representations on the reasonableness of its search despite multiple requests. The OIC concluded that DND did not conduct a reasonable search. The OIC ordered DND to conduct a secondary search, which located three additional records. DND agreed to implement the order and provide a new response to the complainant.

• Whether National Defence conducted a reasonable search for records responsive to the access request

The complainant, as the executor of a deceased Canadian Armed Forces member's estate, requested personal information from the Department of National Defence (DND) for estate administration purposes. DND initially refused disclosure, citing that the request did not meet the criteria under paragraph 10(b) of the Privacy Regulations and withheld information under section 26 of the Privacy Act, also claiming some records were not under its control or had surpassed retention periods. The OPC found that the complainant was authorized under paragraph 10(b) to access certain information (items 4, 5, 9, and later 2, 6, 7, 8) as it was relevant to potential civil claims regarding the deceased's financial situation and alleged undue influence. The investigation concluded that DND failed to conduct an adequate search for records and improperly applied section 26 without reviewing the records. DND was also found to have improperly deferred the complainant to an informal avenue without formally processing the request. The OPC recommended DND conduct a reasonable search for the specified records and provide a new response, which DND agreed to do. The complaint was therefore found well-founded and conditionally resolved.

• Whether the complainant, as executor, was entitled to make a request on behalf of the deceased member under paragraph 10(b) of the Privacy Regulations for the purpose of administering the estate.
• Whether the complainant sufficiently articulated or substantiated the precise purposes of the information to administer the estate and how the records in question could further those purposes.
• Whether DND properly applied section 26 of the Privacy Act in refusing to disclose the requested information.
• Whether DND conducted an adequate search for the requested records.
• Whether DND improperly deferred the complainant to another avenue without formally processing a portion of the access request.
• Whether personal information of a deceased individual (less than 20 years deceased) retains the same privacy protection as a living individual.
• Whether the 'only for the purpose of such administration' clause in paragraph 10(b) of the Regulations imposes stricter requirements than 'relates to the administration of the individual’s estate' in MFIPPA.
• Whether records sought to assist in prosecuting a civil claim brought on behalf of the estate for damages recoverable by the estate relate to the administration of the estate.
• Whether records relevant to the deceased’s financial situation and allegations of fraud or theft of the deceased’s property relate to the administration of the estate.
• Whether DND's obligation to process a formal access request is relieved if other informal avenues exist.