BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/PIPEDA findings #2014-020: Videographer posts client’s wedding video on social media without consent
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActPIPEDA findings #2014-020Well-founded & resolved
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PIPEDA findings #2014-020: Videographer posts client’s wedding video on social media without consent

Organization: A videographerComplainant: A wedding client
Decision: May 22, 2014Published: May 22, 2014

An individual complained that a videographer hired to record her wedding shared her personal information without consent by posting the wedding video online for business promotion. The OPC found that using the video for promotional purposes was a commercial activity requiring consent, which the videographer had not obtained. Although the videographer initially disputed this, they eventually removed the video and agreed to include consent provisions in future contracts, leading to the complaint being resolved.

  • Was the use of the wedding video for promotional purposes considered a commercial activity under PIPEDA?
  • Did the videographer obtain the complainant's informed consent for the use of her personal information?
  • Did any exemptions under PIPEDA apply to the videographer's use of the video without consent?

Complaint well-founded and resolved

The OPC found that the videographer's use of the wedding video for promotional purposes constituted commercial activity, which required the complainant's knowledge and consent under PIPEDA. As consent was not obtained and no exemptions applied, the complaint was considered well-founded.

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Recommended action / remedy

The videographer removed the video from online platforms and agreed to include consent provisions in future contracts.

Statutory provisions cited
  • s.7(2) PIPEDA
  • Principle 4.3 PIPEDA

This summary is informational only and not legal advice.