← Back to catalogue/Federal (Canada)PIPEDA Findings #2019-007
Federal (Canada)Personal Information Protection and Electronic Documents ActNot well-founded

PIPEDA Findings #2019-007: Credit reporting agency is authorized to rely on exemption to consent in disclosing credit information to Statistics Canada

Organization: Trans Union of Canada, Inc.Complainant: Anonymous applicant
Plain-language brief

The complainant alleged that TransUnion disclosed his credit file information to Statistics Canada without consent, and that this information was subsequently used for debt collection. TransUnion argued that it was authorized to disclose the information under PIPEDA paragraph 7(3)(i) because the disclosure was required by law, specifically section 13 of the Statistics Act. The OPC found that TransUnion was authorized to disclose the information under PIPEDA subparagraph 7(3)(c.1)(iii), as Statistics Canada had identified its lawful authority and the disclosure was for administering the Statistics Act. The OPC also found no evidence that Statistics Canada disclosed the complainant's information for debt collection purposes. Therefore, the complaint was deemed not well-founded.

Key issues
  1. 1Whether TransUnion disclosed the complainant's credit file information to Statistics Canada without requisite consent
  2. 2Whether TransUnion was authorized to disclose personal information without consent under PIPEDA subparagraph 7(3)(c.1)(iii)
  3. 3Whether Statistics Canada identified its lawful authority to obtain the information
  4. 4Whether the disclosure was requested to administer a law of Canada (the Statistics Act)
  5. 5Whether Statistics Canada subsequently disclosed the complainant's credit file information to other government institutions for debt collection
  6. 6Whether there was sufficient evidence to support the allegation of information misuse for debt collection
Outcome breakdownFavours: Institution
  • Disclosure without consent: Disclosure authorized under PIPEDA
  • Use for debt collection: No evidence of disclosure for debt collection
  • Complaint outcome: Complaint not well-founded
Outcome

Complaint not well-founded

Reasoning

The OPC found that TransUnion's disclosure to Statistics Canada was authorized under PIPEDA subparagraph 7(3)(c.1)(iii) because Statistics Canada had lawful authority under the Statistics Act and the disclosure was for administering that Act. There was no evidence to support the complainant's allegation that Statistics Canada subsequently disclosed the information for debt collection.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • subparagraph 7(3)(c.1)(iii) PIPEDA
  • paragraph 7(3)(i) PIPEDA
  • section 13 Statistics Act
  • section 17 Statistics Act
  • section 3(a) Statistics Act
  • section 3(e) Statistics Act

This summary is informational only and not legal advice

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