BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/PIPEDA Case Summary #2016-008: Investigation into a telecommunications company’s response to an individual’s request for access to information about disclosures of her personal information to other parties
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActPIPEDA Case Summary #2016-008Well-founded & resolved
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PIPEDA Case Summary #2016-008: Investigation into a telecommunications company’s response to an individual’s request for access to information about disclosures of her personal information to other parties

Organization: A telecommunications company
Decision: Jul 14, 2016Published: Jul 14, 2016

The complainant alleged that a telecommunications company's response to her access request was incomplete, specifically regarding disclosures of her personal information to third parties, including law enforcement. The Office of the Privacy Commissioner found that the company's standard response did not meet its obligations under Principle 4.9 of PIPEDA. The company has since provided a direct response to the complainant and has amended its policy to ensure compliance with access to information requests.

  • Adequacy of response to an access request concerning disclosure of personal information.
  • Compliance with PIPEDA Principle 4.9 regarding informing individuals of disclosures.
  • Application of PIPEDA subsections 9(2.1) to 9(2.4) concerning disclosures to government institutions.
  • Obligations regarding disclosures to third parties beyond government institutions.

Complaint well-founded and resolved.

The telecommunications company's initial response to the complainant's access request was found to be insufficient as it did not adequately inform her about potential disclosures of her personal information to third parties. Following the investigation, the company provided a satisfactory response and committed to revising its practices.

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Recommended action / remedy

The telecommunications company was required to provide a direct response to the complainant regarding disclosures of her personal information and to cease its practice of sending an insufficient initial reply to such requests.

Statutory provisions cited
  • Principle 4.9 PIPEDA
  • s. 9(2.1) PIPEDA
  • s. 9(2.2) PIPEDA
  • s. 9(2.3) PIPEDA
  • s. 9(2.4) PIPEDA
  • s. 7(3)(c) PIPEDA
  • s. 7(3)(c.1) PIPEDA
  • s. 7(3)(c.2) PIPEDA
  • s. 7(3)(d) PIPEDA

This summary is for informational purposes only and does not constitute legal advice.