Can anyone have access to the identity of a complainant in a review or investigation undertaken by the Commissioner?
The short answer is no. There is strong support in law (e.g., Privacy Act) for the Commissioner to maintain the confidentiality of a complainant’s identity. There are, however, circumstances where the identity of a complainant may be disclosed. A complainant’s identity may become known in the public domain through means beyond the control of the Commissioner. If this is the case, the Commissioner will confirm that the Office has received a complaint from an individual but will not provide details on the file. The Commissioner may also refer to a complainant when filing a report to Parliament if the reference constitutes part of the reasons for his/her conclusions. Not all reviews or investigations conducted by the Commissioner originate with a complainant. Alleged breaches of the Act or the Code of Conduct may be learned from various sources beyond that of a direct complainant. The source of this information is kept confidential unless it is in the public domain.
Related Questions
- What records may the Florida Department of State Office of Inspector General review during an investigation, audit, or review?
- Does Commissioner Goodell have enough information to render a decision if Jenn Sterger doesn’t cooperate with investigation?
- What happens if the complainant doesn sign a release before an investigation?
