← Back to catalogue/Federal (Canada)PIPEDA Case Summary #2016-010
Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded & resolved

PIPEDA Case Summary #2016-010: Credit reporting agency takes remedial action after failing to maintain accurate records

Organization: A credit reporting agencyComplainant: Anonymous applicant
Plain-language brief

An individual complained to the OPC after discovering inaccuracies in his credit file, including two unrecognized credit inquiries and a notation that his account had been automatically combined with others. The credit reporting agency acknowledged that his file had been manually combined with another individual's due to similar names and addresses. The OPC investigated two main issues: unauthorized use/disclosure and accuracy of personal information. The OPC found no unauthorized use or disclosure, as the inquiries occurred before the files were combined and only the other individual's information was used. However, the OPC determined that the agency failed to maintain accurate personal information, as combining files compromised accuracy and led to incorrect information being attributed to the complainant. The agency rectified the error by separating the files, notifying creditors of corrections, and committing to enhanced employee training. Consequently, the accuracy issue was found to be well-founded and resolved.

Key issues
  1. 1Whether the credit reporting agency improperly disclosed the complainant's personal information without consent
  2. 2Whether the credit reporting agency failed to maintain accurate personal information as required by PIPEDA Principle 4.6
  3. 3Whether the credit reporting agency failed to maintain accurate personal information as required by PIPEDA Principle 4.6.3
Outcome breakdownFavours: Both, in part
  • Unauthorized use/disclosure: No unauthorized use or disclosure found
  • Accuracy of personal information: Complaint well-founded and resolved
Outcome

Complaint well-founded and resolved regarding accuracy; not well-founded regarding use and disclosure.

Reasoning

The OPC found no evidence of unauthorized use or disclosure. However, the agency's manual combination of files led to inaccurate information being attributed to the complainant, violating accuracy principles, but the agency took satisfactory corrective actions.

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Decision notes
Recommended action / remedy

The credit reporting agency separated the combined files, added a note to prevent future combinations, notified the complainant's creditors of corrections, and committed to enhancing employee training.

Statutes considered
  • Principle 4.6 PIPEDA
  • Principle 4.6.3 PIPEDA
  • Principle 4.9.5 PIPEDA

This summary is informational only and not legal advice.

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