BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/Commissioner’s Findings - PIPEDA Case Summary #2009-024: Bank Disclosed Personal Information without Consent
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActCommissioner’s Findings - PIPEDA Case Summary #2009-024Well-founded & resolved
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Commissioner’s Findings - PIPEDA Case Summary #2009-024: Bank Disclosed Personal Information without Consent

Organization: A bank
Decision: Dec 21, 2009Published: Dec 21, 2009

A married couple complained that a bank mortgage specialist disclosed the husband's personal financial information to his wife without his consent. The bank argued there was implied consent given the purpose of applying for a joint mortgage. The Assistant Commissioner found the bank did not make a reasonable effort to inform the couple about potential disclosures between them, meaning consent was not meaningful. While a contravention was found, the bank had since adopted reasonable practices.

  • Meaningful consent for disclosure of personal information to a spouse
  • Reasonable efforts to inform individuals about purposes of disclosure
  • Implied consent in the context of joint mortgage applications

Complaint well-founded and resolved

The bank failed to make reasonable efforts to ensure the couple was aware of how their financial information would be disclosed to each other, rendering consent not meaningful. However, the bank took corrective measures and implemented reasonable practices.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The bank adopted reasonable practices to protect the personal financial information of joint mortgage applicants.

Statutory provisions cited
  • Principle 4.3 PIPEDA
  • Principle 4.3.2 PIPEDA
  • Principle 4.3.5 PIPEDA

This summary is informational only and not legal advice.