Question Period Note: Heyder-Beattie Privacy Breach

We have learned that there has been a second privacy breach at National Defence. Last time, the Government assured us that it would not happen again. What is this Government doing to ensure that the privacy of victims of sexual misconduct remains protected?

• I am concerned by the privacy incidents at Epiq, the independent court appointed administrator for the Heyder-Beattie class action lawsuit.

• We have requested that Epiq investigate and take steps to ensure that this matter is contained, resolved, and does not happen again.

• Through the Settlement’s Oversight Committee, and in conjunction with settlement parties, we are overseeing an audit of Epiq’s processes to ensure the security of personal information of claimants.

• We recognize that this is distressing for those who have shared their deeply personal experiences, and we will work diligently to protect their personal information.

Quick Facts

Privacy Breach – June 2022

• National Defence was informed on June 2, 2022 of another privacy breach involving Epiq and the Heyder-Beattie settlement.

Audit of Epiq’s Claims Process

• On April 21, 2022, the Oversight Committee, created by the Final Settlement Agreement and composed of members of all parties, class representatives, and the Lead Assessor, unanimously voted to oversee an audit of Epiq’s claims processes. The audit aims to ensure that the steps taken by Epiq will guarantee the security of the personal information of the claimants.

Privacy Incidents

• February 8, 2022: a privacy incident involving two incidents;

• June 2, 2022: a privacy incident.

Background

Heyder-Beattie Class Action Lawsuit

• In 2016-2017, seven former Canadian Armed Forces members filed class action lawsuits against Canada for sexual assault, sexual harassment, and discrimination based on gender or sexual orientation experienced while serving in the Canadian Armed Forces.

• October 2019: the Federal Court appointed Epiq Class Action Services Canada Inc. as the independent administrator of the claims process.

• November 2019: the Federal Court approved the Final Settlement Agreement and the implementation of the settlement began.

• November 24, 2021: The deadline for Class Members to file a claim to the court appointed independent administrator.

  • Due to the COVID-19 pandemic, the beginning and end dates of the claims period were both shifted by 60 days.

  • This was done to ensure all claims administration services are in place to enable proper support to class members throughout the process, and to allow all parties more time to prepare, submit, and process claims.

Responsible Principals: Departmental Litigation Oversight.