BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/PIPEDA findings #2017-012: Financial institution discloses too much information in response to production order
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActPIPEDA findings #2017-012Well-founded & resolved
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PIPEDA findings #2017-012: Financial institution discloses too much information in response to production order

Organization: A financial institution
Decision: Aug 29, 2017Published: Aug 29, 2017

The complainant discovered that his financial institution had disclosed his Registered Education Savings Plan (RESP) account information dating back to 1999 to the police. The OPC found that while production orders allow disclosure of information, the financial institution disclosed documents beyond the scope of the specific production order and did not have valid consent. The institution agreed to review its procedures and provide training to staff regarding disclosures pursuant to production orders.

  • Disclosure of personal information beyond the scope of a production order
  • Validity of consent based on a general privacy policy for law enforcement disclosures
  • Sensitivity of financial information

Complaint well-founded and resolved

The institution disclosed personal information outside the specific timeframe and scope of the production order, and its privacy policy did not constitute informed consent for such a disclosure.

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Recommended action / remedy

The financial institution agreed to review its procedures, provide job aids, and offer dedicated training to staff responsible for disclosures pursuant to production orders.

Statutory provisions cited
  • PIPEDA Schedule 1 Principle 4.3
  • PIPEDA s. 6(1)
  • PIPEDA s. 7(3)(c)

This summary is for informational purposes only and does not constitute legal advice.