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Ministerial Directive concerning the handling of personal information
under the control of the DND/CF in the context of Ombudsman investigations.
- The Ombudsman is appointed pursuant to Section 5 of the National Defence
Act to carry out certain duties and functions on behalf of the Minister of
National Defence. Those specific duties and functions are set out in
paragraph 3 of the Ministerial Directives.
- The Ombudsman and/or his delegates can request documents and information,
required for purposes of an Ombudsman investigation, including personal
information, directly from individuals within DND/CF without making requests
through the Access to Information and Privacy Acts and without the response
to those requests being processed under those Acts.
- If personal information collected by DND/CF is required by the Ombudsman
in order to carry out an investigation, it is acknowledged that for the
purposes of the Privacy Act, an Ombudsman’s investigation represents a
consistent use for which the personal information was obtained or compiled by
the DND/CF as contemplated by s.7(a) of the Privacy Act.
- The Ombudsman’s Office will request in writing, with sufficient detail,
the information and documents required, directly from the person having
custody of the documents. The request will set out that it is for the purposes
of an investigation and set out why the information and documents requested are
required for the investigation. The individual within DND/CF receiving the
request for information shall forthwith respond to the Ombudsman’s Office by
collecting all of the requested documents and information for the purposes of
an initial ‘on-site’ review by Ombudsman staff. The purpose of the review will
be for Ombudsman staff to identify which documents are required for the
investigation. It is understood that making copies of materials or transcription
of materials during the on-site review is not permitted.
- After the initial on-site review, those having custody of the documents
and information at DND/CF will review the documents and may sever such personal
information from the documents which they believe does not relate to the
investigation, and will provide the documents which have been severed to
Ombudsman staff within 14 working days after being identified as required by
Ombudsman staff for the purposes of an investigation. The custodians may consult
with relevant experts within DND/CF, including DAIP, if they require assistance
and guidance.
- If the custodians of the documents identify any personal information which
they believe must be severed from the required documents before they are provided
to the Ombudsman’s Office, a general description of the type of information
severed from the documents must be provided, along with the reasons why that
information has been removed.
- If Ombudsman staff is unsure that personal information severed was properly
removed, or if they are of the opinion that the severed information is required
for the investigation, they will contact DAIP for an opportunity to review the
severed information. Once Ombudsman staff has reviewed the documents, if they
remain of the opinion that the severed information is required for the purposes
of the investigation, they will provide reasons to DAIP why the information is
required.
- If DAIP agrees with the Ombudsman staff’s submissions, they will provide
the severed information forthwith. If DAIP disagrees with the Ombudsman
staff’s assessment of the information as being required for the purposes of
the investigation, DAIP will report in writing to the Ombudsman within 14
working days. The report will state specifically what type of information has
been removed and/or held back and the reasons they disagree with the Ombudsman
staff. This will allow the Ombudsman to assess whether this severed
information is in fact required for the purposes of the investigation.
Thereafter, the Ombudsman can determine what further action is appropriate
under his mandate.
- When the Ombudsman has the consent of the complainant to view his or her
personal information, Ombudsman staff may obtain his or her medical, personal,
and dental files. Also, the Ombudsman can access any other files in which
all the personal information is the personal information of the complaintant
only, directly from the DND/CF, without the need for a thorough review
under the process described in this Directive.
[original signed by] |
NOV 28 2005 |
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The Honourable William Graham, P.C., Q.C., M.P. |
Date |
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