Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded

Backgrounder: Ticketmaster Investigation

Organization: Ticketmaster Canada LimitedComplainant: Anonymous applicant
Plain-language brief

The OPC investigated Ticketmaster Canada Limited (TM) following a complaint that its practices for collecting, disclosing, and using customer personal information for marketing purposes did not comply with PIPEDA. The complainant alleged that customers were not properly informed or given a viable alternative to sharing their information for marketing. The Assistant Privacy Commissioner found that TM failed to uphold the principles of openness and consent. TM subsequently revised its privacy policy and online notifications to explicitly communicate information sharing practices and provide clear opt-in options for marketing. The investigation concluded that the issues were resolved satisfactorily, but the Assistant Commissioner expressed concern about the well-founded violations several years after PIPEDA's enactment.

Key issues
  1. 1Whether Ticketmaster's privacy policy met the openness principle of PIPEDA
  2. 2Whether Ticketmaster obtained valid consent for the use of personal information for marketing purposes
  3. 3Whether customers were properly informed about the use of their personal information for marketing
  4. 4Whether customers were provided a viable opt-in/opt-out option for marketing without penalty
  5. 5Whether Ticketmaster's agreements with event providers ensured compliance with customer preferences
Outcome breakdownFavours: Applicant / complainant
  • Openness principle: Violation found
  • Consent principle: Violation found
  • Privacy policy revision: Revised to address concerns
  • Online notifications: Revised to address concerns
  • Complaint resolution: Resolved satisfactorily
Outcome

Complaint well-founded, resolved during investigation

Reasoning

The investigation found that Ticketmaster's practices violated the openness and consent principles of PIPEDA. However, Ticketmaster took satisfactory corrective measures during the investigation by revising its policies and procedures to address these issues.

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Decision notes
Recommended action / remedy

Ticketmaster revised its privacy policy, online notifications, and call-centre scripts to explicitly communicate information collection and sharing practices, and to provide customers with clear opt-in options for receiving marketing material from Ticketmaster and event providers. It also ensured event providers would honour customer preferences.

Statutes considered
  • Principle 4.2 PIPEDA
  • Principle 4.3 PIPEDA

This summary is informational only and not legal advice.

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