← Back to catalogue/Federal (Canada)PIPEDA Case Summary #2018-005
Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded & conditionally resolved

PIPEDA Case Summary #2018-005: Courier company discontinues practice of delivery to a neighbour

Organization: A courier companyComplainant: Anonymous applicant
Plain-language brief

A complainant alleged that a courier company disclosed her personal information without consent by delivering a package containing financial documents to her neighbour. The courier company's policy allowed drivers to deliver packages to neighbours if the addressee was not home, a practice the complainant was unaware of as she was not expecting the package. The OPC found that the courier company contravened Principle 4.3 of PIPEDA by failing to obtain consent for this practice, either directly from the complainant or by ensuring the shipper had obtained it. The OPC noted that the sensitivity of the package's contents and the complainant's unlisted phone number on the label heightened the need for express consent. The courier company committed to ending the 'delivery to a neighbour' practice in response to the OPC's recommendations. The OPC later confirmed the practice had ceased.

Key issues
  1. 1Whether the courier company obtained valid consent for delivering a package to a neighbour
  2. 2Whether the courier company exercised due diligence to ensure the shipper obtained consent for 'delivery to a neighbour'
  3. 3Whether the information disclosed (name, address, unlisted telephone number, and package contents) was sensitive in context
Outcome breakdownFavours: Applicant / complainant
  • Consent for disclosure: Courier company contravened PIPEDA Principle 4.3
  • Policy change: Courier company committed to ending practice
  • Compliance with recommendations: Practice confirmed ceased
Outcome

Complaint well-founded and conditionally resolved, with the practice subsequently ended.

Reasoning

The OPC found that the courier company failed to obtain valid consent for its 'delivery to a neighbour' practice, either directly or by ensuring the shipper had done so, thereby contravening Principle 4.3 of PIPEDA. The resolution was conditional upon the company's commitment to end the practice, which it subsequently did.

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Decision notes
Recommended action / remedy

The courier company committed to ending the practice of 'delivery to a neighbour' in response to the OPC's recommendations.

Statutes considered
  • Principle 4.3 PIPEDA

This summary is informational only and not legal advice.

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