PIPEDA Case Summary #2019-006: Directory company lacked consent to publish complainant's personal information
A complainant alleged that Grey House Publishing Canada (Grey House) collected, used, and disclosed his personal information without consent by publishing it in its directories and selling it to Economic and Social Development Canada (ESDC) for email distribution. Grey House argued the information was business contact information, not personal information, and that its activities were not commercial. The OPC found the information was personal information and Grey House's activities were commercial. The OPC determined Grey House did not obtain adequate consent, as the publicly available information exceptions did not apply and the complainant could not have reasonably expected such use. The OPC also found Grey House's privacy statement contravened the openness principle. Grey House removed the complainant's information and agreed to revise its privacy statement.
- 1Whether the complainant's contact information constituted 'personal information' under PIPEDA
- 2Whether Grey House Publishing Canada was engaged in 'commercial activity' under PIPEDA
- 3Whether Grey House obtained adequate consent for the collection, use, and disclosure of the complainant's personal information
- 4Whether the 'publicly available information' exceptions to consent applied
- 5Whether Grey House's privacy statement met the 'openness' principle under PIPEDA
- Nature of information: Information deemed personal
- Commercial activity: Activities deemed commercial
- Consent for collection/use/disclosure: Inadequate consent obtained
- Publicly available information: Exceptions not applicable
- Openness principle: Privacy statement contravened principle
- Remedial action: Information removed and statement revised
Complaint well-founded and resolved in part, conditionally resolved in part
The OPC found that Grey House collected and used the complainant's personal information without adequate consent and that its privacy statement was insufficient. However, Grey House took corrective actions during the investigation, including removing the information and agreeing to revise its privacy statement.
Grey House removed the complainant's information from its database and publications, and agreed to revise its privacy statement to better reflect its practices.
- s.2(1) PIPEDA
- s.4(1)(a) PIPEDA
- Principle 4.3 PIPEDA
- Principle 4.8.1 PIPEDA
- s.7(1)(d) PIPEDA
- s.7(2)(c.1) PIPEDA
- s.7(3)(h.1) PIPEDA
- PIPEDA Regulations Specifying Publicly Available Information, s.1(b)
- PIPEDA Regulations Specifying Publicly Available Information, s.1(e)
This summary is informational only and not legal advice.
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