← Back to catalogue/Federal (Canada)PIPEDA Case Summary #2015-010
Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded & resolved

PIPEDA Case Summary #2015-010: Customer’s emails sent to her acquaintance following a telecom employee’s attempt to fix a problem with the customer’s email service

Organization: A telecommunications providerComplainant: Anonymous applicant
Plain-language brief

An individual complained that her telecommunications provider disclosed her personal information without consent. A technical support representative, while attempting to fix her email service, inadvertently configured her email application to automatically forward her emails, including one containing a temporary password, to an acquaintance. The OPC found that this constituted a disclosure of personal information without consent, contravening Principle 4.3. The telecom provider initially provided inaccurate information to the OPC regarding corrective measures taken, but later clarified its existing measures. The complaint was found to be well-founded and resolved, as the provider had some measures in place to prevent recurrence, despite the initial misrepresentations.

Key issues
  1. 1Whether the telecommunications provider disclosed the individual's personal information without consent
  2. 2Whether the disclosure contravened Principle 4.3 of PIPEDA
  3. 3Whether the telecommunications provider provided accurate information to the OPC during the investigation
Outcome breakdownFavours: Both, in part
  • Disclosure without consent: Contravention of Principle 4.3 found
  • Corrective measures: Existing measures deemed sufficient to resolve
  • Complaint outcome: Well-founded and resolved
Outcome

Complaint well-founded and resolved

Reasoning

The OPC found that the representative's actions led to an unauthorized disclosure of personal information. Although the provider initially misinformed the OPC about corrective actions, it demonstrated that some measures were in place to prevent recurrence, leading to a 'resolved' outcome.

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Decision notes
Recommended action / remedy

The OPC encouraged the telecommunications provider to ensure its representations to the Office are accurate and complete in the future.

Statutes considered
  • Principle 4.3 PIPEDA

This summary is informational only and not legal advice.

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