Canadian privacy & access decisions

An individual complained after Health Canada refused to provide him with personal information collected during a fitness-for-work evaluation. Health Canada cited section 28 of the Privacy Act, arguing that disclosing information related to his physical or mental health would be contrary to his best interests. The OPC's investigation found that the requested information was not limited to sensitive health records. Therefore, section 28 did not provide a valid reason to withhold access. The complaint was upheld as well-founded, and Health Canada subsequently agreed to release the information, leading to a resolved outcome.

• Whether Health Canada erred in withholding personal information
• Whether section 28 of the Privacy Act applied to the requested information
• Whether the information was confined to sensitive records related to mental or physical health

The Minister of Agriculture and Agri-Food Canada filed a privacy complaint against the Canadian Wheat Board (CWB) following media reports about an internal audit. The audit raised concerns about potential improper disclosure of farmers' personal information, including Social Insurance Numbers (SINs), to third parties like grain handlers and the Canada Revenue Agency. The OPC's investigation found that the CWB had appropriate protocols, procedures, and agreements in place to manage personal information. Specifically, the CWB did not disclose SINs to third parties and only shared personal data with the tax agency when legally required. Consequently, the complaint was dismissed as not well-founded.

• Whether the Canadian Wheat Board improperly disclosed farmers' Social Insurance Numbers (SINs) to third parties
• Whether the Canadian Wheat Board improperly disclosed other personal information of farmers to third parties

A Canada Post letter carrier complained that his supervisor accessed and used his medical information without authorization. The complainant alleged he gave a sealed medical form for a disability insurance claim to his supervisor to forward to the insurer, but the supervisor opened and read it. The supervisor admitted she might have read the form but denied opening a sealed envelope. The investigation could not confirm if the envelope was sealed, but it did confirm the supervisor used the health information to challenge other medical documentation provided by the employee. The OPC concluded that the personal information was used for an inconsistent purpose without permission, finding the complaint well-founded. The OPC recommended Canada Post remind staff to submit forms directly to the insurer and managers to refuse to accept such forms.

• Whether the supervisor gained unauthorized access to the medical form
• Whether the personal information was used for a purpose inconsistent with its collection
• Whether the use of information was without the complainant's permission