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

Commissioner’s Findings - PIPEDA Report of Findings # 2012-004 : Weak authentication allowed imposter to hijack customer’s cell phone account

Organization: A cellular-telephone service providerComplainant: Anonymous applicant
Plain-language brief

An imposter gained access to the complainant's cell phone account by social engineering a customer service representative (CSR). The CSR disclosed personal information, including PIN, billing, and call history, and made changes to the account. The complainant also alleged inadequate response to an access request for call recordings and transcripts. The OPC found the disclosure of personal information to the imposter to be well-founded, as the company's authentication procedures were not followed, contravening Principle 4.3. The access complaint was found well-founded because the company initially failed to respond within the 30-day timeframe, but it was resolved as the company eventually provided the requested information. The OPC recommended the company review its privacy management programs, policies, and procedures.

Key issues
  1. 1Whether the cellular service provider disclosed personal information without consent to an imposter, contravening Principle 4.3 PIPEDA
  2. 2Whether the cellular service provider adequately responded to the complainant's access request for personal information under Principle 4.9 PIPEDA
  3. 3Whether the cellular service provider responded to the access request within the 30-day timeframe as per s.8(3) PIPEDA
  4. 4Whether the redaction of the CSR's name from the transcript was permissible under s.9(1) PIPEDA
  5. 5Whether the company was required to provide an audio recording of the conversation in addition to a transcript under s.10 PIPEDA
Outcome breakdownFavours: Both, in part
  • Disclosure of personal information: Complaint well-founded; company failed to follow authentication procedures
  • Timeliness of access request: Complaint well-founded; company failed to respond within 30 days
  • Resolution of access request: Resolved; company eventually provided information
  • Privacy management program: Recommendation to review programs, policies, and procedures
Outcome

Disclosure complaint well-founded; Access complaint well-founded and resolved

Reasoning

The disclosure complaint was well-founded because the company's CSR failed to follow established authentication procedures, leading to unauthorized disclosure. The access complaint was initially well-founded due to a delayed response but resolved when the company eventually provided the requested information.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The OPC recommended that the company review its privacy management programs, policies, and procedures, including those relating to safeguards and employee training, in light of the guidance document 'Getting Accountability Right with a Privacy Management Program'.

Statutes considered
  • Principle 4.3 PIPEDA
  • Principle 4.9 PIPEDA
  • s.10 PIPEDA
  • s.2(1) PIPEDA
  • s.8(3) PIPEDA
  • s.8(4) PIPEDA
  • s.8(5) PIPEDA
  • s.9(1) PIPEDA

This summary is informational only and not legal advice.

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