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

Commissioner’s Findings - PIPEDA Report of Findings #2011-011: Public opinion research firm must better inform survey respondents about their personal information use; refrain from collecting full birth dates

Organization: A public opinion research firmComplainant: Anonymous applicant
BookmarkView Governing Law
Plain-language brief

A complainant alleged that a public opinion research firm unnecessarily collected her full date of birth and failed to adequately inform her about the purpose of a profiling survey. The firm collected full birth dates for demographic purposes and to verify identity, arguing that month and year alone were insufficient. The OPC found that collecting the full date of birth was not necessary for the firm's stated purposes and that the consent language for profiling surveys was not sufficiently clear. While the firm agreed to clarify its consent language, it refused to stop collecting or delete the day of birth from its records. Consequently, the OPC found the complaint well-founded but partially unresolved regarding the collection of full birth dates.

Key issues
  1. 1Whether it is necessary for the Respondent to collect all three elements of the date of birth at registration
  2. 2Whether it is necessary for the Respondent to confirm all three elements of the date of birth in profiling surveys
  3. 3Whether the Respondent adequately informed the complainant of the purpose of the profiling survey
  4. 4Whether consent under Principle 4.3 was meaningful
  5. 5Whether the collection of personal information was limited to that which is necessary for the identified purposes under Principle 4.4
Outcome breakdownFavours: Applicant / complainant
  • Necessity of collection: Collection of full DOB not necessary
  • Clarity of consent: Consent language not sufficiently clear
  • Resolution of complaint: Complaint well-founded but partially unresolved
Outcome

Complaint well-founded but partially unresolved

Reasoning

The OPC found that the firm's collection of full birth dates was not necessary for its stated purposes, contravening Principle 4.4. While the firm agreed to improve consent language, it refused to cease collecting or delete the day of birth, leaving part of the complaint unresolved.

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Decision notes
Recommended action / remedy

The OPC recommended that the firm clarify the consent language for profiling surveys and delete the day of the week from all members' birth dates, collecting only month and year going forward. The firm agreed to the former but rejected the latter.

Statutes considered
  • Principle 4.2 PIPEDA
  • Principle 4.3 PIPEDA
  • Principle 4.3.2 PIPEDA
  • Principle 4.4 PIPEDA

This summary is informational only and not legal advice.

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