PIPEDA Findings #2019-005: 411Numbers ceases practice of removing information for a fee
The complaint concerned 411Numbers, an operator of websites providing free access to telephone numbers and associated information, including unlisted numbers, and formerly charging a fee for removal. The complainant alleged collection without consent, use for an inappropriate purpose (paid removal), over-collection of information for removal services, and unresponsiveness to privacy queries. The OPC asserted jurisdiction over 411Numbers due to a 'real and substantial connection' to Canada, despite its Hong Kong incorporation. The OPC found that 411Numbers contravened Principle 4.3 by publishing unlisted numbers without consent, as they are not 'publicly available' under the Regulations. The practice of charging for removal ceased during the investigation, resolving that aspect, though the OPC noted it would likely be an inappropriate purpose. The OPC also found contraventions of Principle 4.3.3 for over-collecting identification for removal requests and Principles 4.1, 4.1.2, 4.1.4, 4.8, and 4.10 regarding accountability, openness, and challenging compliance. Based on 411Numbers' commitments to remove unlisted data, improve due diligence, and enhance its privacy practices, the matter was deemed well-founded and conditionally resolved.
- 1Whether the OPC had jurisdiction over 411Numbers, a Hong Kong-incorporated company with servers outside Canada, due to a 'real and substantial connection' to Canada.
- 2Whether 411Numbers collected, used, and disclosed the complainant's personal information (unlisted phone number, name, address) without knowledge and consent, contravening Principle 4.3.
- 3Whether information associated with unlisted telephone numbers constitutes 'publicly available' information under paragraph 1(a) of the Regulations Specifying Publicly Available Information.
- 4Whether 411Numbers exercised due diligence to ensure its databases did not include unlisted numbers.
- 5Whether publishing personal information for the purpose of encouraging individuals to pay to have it removed constitutes an inappropriate purpose under s. 5(3) of PIPEDA.
- 6Whether 411Numbers required individuals to provide more information than necessary for removal services, contravening Principle 4.3.3.
- 7Whether 411Numbers met its obligations regarding accountability under Principles 4.1, 4.1.2, and 4.1.4.
- 8Whether 411Numbers met its obligations regarding openness under Principle 4.8 and 4.8.3.
- 9Whether 411Numbers met its obligations regarding challenging compliance under Principle 4.10.
- Jurisdiction: Jurisdiction asserted over 411Numbers
- Collection without consent: Contravention of Principle 4.3 found for publishing unlisted numbers
- Purpose of collection: Issue of charging for removal resolved during investigation
- Over-collection: Contravention of Principle 4.3.3 found for over-collecting identification
- Accountability and openness: Contraventions of Principles 4.1, 4.1.2, 4.1.4, 4.8, and 4.10 found
- Resolution: Matter deemed well-founded and conditionally resolved
Complaint well-founded and conditionally resolved
The OPC found multiple contraventions of PIPEDA, particularly concerning the publication of unlisted numbers without consent and failures in accountability. However, 411Numbers committed to specific corrective actions, including removing unlisted numbers, implementing due diligence, and enhancing accountability and openness, leading to a conditional resolution.
The Commissioner recommended that 411Numbers remove all unlisted numbers from its websites, implement due diligence measures for future data acquisition, revise its privacy policy, establish proper complaint handling procedures, and train staff on PIPEDA obligations.
- s.2(1) PIPEDA
- s.5(3) PIPEDA
- s.7(1)(d) PIPEDA
- s.7(2)(c.1) PIPEDA
- s.7(3)(h.1) PIPEDA
- Principle 4.1 PIPEDA
- Principle 4.1.2 PIPEDA
- Principle 4.1.4 PIPEDA
- Principle 4.3 PIPEDA
- Principle 4.3.3 PIPEDA
- Principle 4.8 PIPEDA
- Principle 4.8.3 PIPEDA
- Principle 4.10 PIPEDA
- paragraph 1(a) of the Regulations Specifying Publicly Available Information
This summary is informational only and not legal advice.
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