This decision concerns a complainant’s request under Part X of the Child, Youth and Family Services Act, 2017 (the Act) for access to records about her deceased uncle and her entire family. It considers whether there is a right of access in Part X to records of a deceased individual’s personal information that relate to the provision of a service to the individual. It also considers the potential relevance of sections of Part X that permit or require the disclosure of personal information in some circumstances.
In this decision, the adjudicator finds that the complainant does not have a right of access to the personal information of her deceased uncle and of her family members under the Act. The records are not records of the complainant’s personal information and they do not relate to the provision of a service to her. Part X of the Act does not contain explicit authority for an individual to act on behalf of a deceased individual in respect of the deceased individual’s personal information; as a result, the complainant cannot make a request for access to her deceased uncle’s records on his behalf. In addition, the complainant has not demonstrated that she is lawfully authorized under the Act to make a request on behalf of her other family members for access to records about them. The adjudicator also upholds the service provider’s decision that none of the sections of Part X permitting or requiring disclosure of personal information applies in the circumstances. As a result, she dismisses the complaint.