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 regarding an outstanding debt to a related sports association on two occasions without his consent. The company argued that PIPEDA did not apply because it answered a direct question and there was an expectation of privacy. The OPC found that disclosing debt information is sensitive and requires consent unless a specific exemption applies. As the disclosures were not for the purpose of collecting the debt, the exemption in subsection 7(3)(b) of PIPEDA did not apply, making the complaint well-founded.
- Was the disclosure of an outstanding debt considered personal information?
- Did the disclosure of debt information fall under the exemption for debt collection purposes?
- Does an 'expectation of privacy' or answering a direct question exempt an organization from obtaining consent for disclosure?
- Did the company obtain the individual's knowledge and consent for the disclosure of his debt information?
Complaint well-founded
The OPC found that the company contravened Principle 4.3 of PIPEDA by disclosing the complainant's debt information without his knowledge or consent. The exemption under paragraph 7(3)(b) for debt collection purposes was not applicable as the disclosure was made to prevent the complainant from participating in a tournament, not to collect the debt.
AI-generated summary for reference only. Always verify against the official decision ↗
- Principle 4.3 PIPEDA
- paragraph 7(3)(b) PIPEDA
This summary is informational only and not legal advice.