Information & Ethics committee  Are you referring to paragraph 8(2)(m)? I just want to be sure we’re talking about the same thing.

Information & Ethics committee  I see. You’re talking about paragraph 8(2)(m). Mr. Jean-Yves Laforest It reads as follows: Subsection 8(2) of the Act describes the specific cases where Government institutions can release an individual’s personal information without his or her consent.

Information & Ethics committee  Yes, indeed, it’s quite frequent. They are exceptional cases, however. Let me give you an example. When someone dies in prison, if the family wants information, either about the investigation that was conducted or personal information the prison may have about the individual who is deceased, we will be advised that, for humanitarian reasons, that personal information should be provided to the spouse or the family.

Information & Ethics committee  Yes.

Information & Ethics committee  As far as our office is concerned, I can state that we've had no complaints in many years, and in our history we've had very few complaints on similar matters. Some have been well founded; some have not. The reason might be that people don't know they can complain to our office or they just don't know that their name was revealed, but we've had very few complaints.

Information & Ethics committee  Exactly. The fact that it's the tool and it's an ATIP request is incidental. Whenever personal information is disclosed without the consent of the individual, then you have the potential for a breach.

Information & Ethics committee  The investigation has just started, and it would be highly inappropriate for us to make any comments right now. But to be honest with you, we don't know right now.

Information & Ethics committee  I'm not sure, Mr. Chair, I understand your question. If you're asking me if it's under our act, if we're talking about generalities, I would say no. A person's name is personal information, and unless it's personal information, our office would not be involved. I don't know if that answers your question.

Information & Ethics committee  Yes, she has received calls, and advice was requested from her. I don't know about the Minister of Public Safety and Emergency Preparedness Canada, but I know that she has sat down with the Treasury Board. They've had a conversation in which her advice was sought.

Information & Ethics committee  Mr. Chair, I don't know exactly what was said, but--

Information & Ethics committee  In my opinion, the two acts do not contradict one another. The Access to Information Act is simply silent on that particular matter. It does not say whether or not we have that right. However, the Privacy Act very clearly stipulates that, not because it’s an access to information request, but simply because no personal information can be released without the consent of the individual involved.

Information & Ethics committee  As per the committee's request, we are appearing today before you to give you an overview of the Office of the Privacy Commissioner's investigations process, since your committee is studying issues related to the alleged disclosure of the names of the access to information applicants.