PIPEDA findings #2016-013: Company’s disclosure of information about a debt owed is not covered under exemption to consent

An individual complained that a sports facilities company disclosed his personal information, specifically details about an outstanding debt, to a related sports association on two occasions without his consent. The company did not deny the disclosures but argued they were made in response to direct questions and with an expectation of privacy. The OPC found that information about a debt owed by an identifiable individual is personal and sensitive, requiring consent for disclosure unless a specific exemption applies. The OPC determined that the disclosures were not for the purpose of collecting the debt, thus the exemption under paragraph 7(3)(b) of PIPEDA did not apply. The company's reliance on an 'expectation of privacy' or being asked directly was not a valid substitute for obtaining consent. The complaint was found to be well-founded.