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Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded & resolved

PIPEDA findings #2014-020: Videographer posts client’s wedding video on social media without consent

Organization: A videographerComplainant: Anonymous applicant
BookmarkView Governing Law
Plain-language brief

An individual complained that a videographer used her wedding video for promotional purposes online without her consent. The videographer posted the video on social media and embedded it in a business listing to attract new clients. The videographer claimed a verbal agreement for reduced rates in exchange for promotional use and asserted copyright, but no documentation supported this. The OPC determined that using the video for promotional purposes constituted commercial activity under PIPEDA. Since no valid consent was obtained and no exemptions applied, the videographer was found to be in contravention of PIPEDA. The videographer subsequently removed the video and committed to including consent language in future contracts.

Key issues
  1. 1Whether the use of personal information constituted commercial activity
  2. 2Whether the videographer had consent for this use
  3. 3Whether the videographer needed consent for this use
Outcome breakdownFavours: Applicant / complainant
  • Commercial activity: Use of video for promotion deemed commercial activity
  • Consent for promotional use: No valid consent obtained
  • PIPEDA contravention: Videographer found in contravention of PIPEDA
  • Remedial action: Video removed and future consent language committed
Outcome

Complaint well-founded and resolved

Reasoning

The OPC found that the videographer's use of the wedding video for promotional purposes was a commercial activity, and that the videographer failed to obtain valid consent from the complainant for this use, as required by PIPEDA. The videographer resolved the issue by removing the video and committing to future consent practices.

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Decision notes
Recommended action / remedy

The videographer removed the video from all online platforms and committed to adding consent language to future client contracts.

Statutes considered
  • Principle 4.3 PIPEDA
  • s.7(2) PIPEDA

This summary is informational only and not legal advice.

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