BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/PIPEDA findings #2018-007: Online marketplace needs consent from members before contacting them to join advocacy network
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActPIPEDA findings #2018-007Well-founded & conditionally resolved
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PIPEDA findings #2018-007: Online marketplace needs consent from members before contacting them to join advocacy network

Organization: An online marketplace
Decision: Jan 9, 2018Published: Jan 9, 2018

The OPC investigated a complaint against an online marketplace that sent an email to members inviting them to sign a petition without their explicit consent. The OPC found that the marketplace retained information appropriately but failed to obtain adequate consent for sending the petition email, which was beyond the scope of their services. The OPC also found that the marketplace did not handle the complainant's privacy concerns effectively. The matter was conditionally resolved when the marketplace committed to implementing recommendations, including obtaining opt-in consent for such emails and improving complaint handling. The issue was later resolved upon evidence of implementation.

  • Adequacy of consent for using personal information for advocacy emails.
  • Proper handling and escalation of customer privacy complaints.
  • Appropriate retention of personal information.
  • Clarity of purposes stated in the privacy policy.

Complaint allegations regarding consent and complaint handling were well-founded and resolved; allegation regarding retention was not well-founded.

The OPC found that the marketplace's email about a petition went beyond the purposes for which consent was reasonably expected, and their complaint handling processes were inadequate. The organization agreed to implement recommendations, resolving the issues.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The marketplace committed to implementing recommendations, including obtaining opt-in consent for public policy emails, improving complaint handling, updating its privacy policy, and limiting such messages to those relevant to the commercial relationship.

Statutory provisions cited
  • Principle 4.1.4(b) PIPEDA
  • Principle 4.1.4(c) PIPEDA
  • Principle 4.3 PIPEDA
  • Principle 4.3.2 PIPEDA
  • Principle 4.3.4 PIPEDA
  • Principle 4.3.5 PIPEDA
  • Principle 4.3.6 PIPEDA
  • Principle 4.5 PIPEDA
  • Principle 4.10 PIPEDA

This summary is informational only and not legal advice.