BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/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
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActCommissioner’s Findings - PIPEDA Report of Findings #2011-011Well-founded
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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 firm
Decision: Jun 30, 2011Published: Jun 30, 2011

A complainant alleged that a market research firm unnecessarily collected her full date of birth and did not adequately inform her that survey responses would be added to her member profile. The Office of the Privacy Commissioner of Canada (OPC) found that collecting the full date of birth was not necessary and recommended collecting only the month and year. The OPC also found that the firm failed to adequately inform participants that their survey responses would be linked to their profiles. While the firm agreed to clarify consent language, it refused to stop collecting or using the day of birth, leading the OPC to find the complaint well-founded but partially unresolved.

  • Necessity of collecting full date of birth for market research demographics
  • Necessity of confirming full date of birth in profiling surveys
  • Adequacy of notice and consent regarding the linking of survey responses to member profiles

Complaint well-founded but partially unresolved

The OPC determined that collecting only the month and year of birth would be sufficient for the firm's demographic purposes, making the collection of the full date of birth unnecessary. Additionally, the consent language used was not sufficiently clear to inform participants that their survey responses would be linked to their profiles.

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

Recommended action / remedy

The firm was recommended to delete the complainant's personal information, clarify consent language for profiling surveys, and collect only the month and year of birth for all members, ceasing to collect the day of birth.

Statutory provisions cited
  • 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.