← Back to catalogue/Federal (Canada)PIPEDA Findings #2021-007
Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded & resolved

PIPEDA Findings #2021-007: Computer services company accesses customer’s laptop remotely during help desk call without seeking customer’s express consent

Organization: A computer services companyComplainant: Anonymous applicant
Plain-language brief

A customer complained that a computer services company's technician remotely accessed his laptop during a help desk call without his express consent. The OPC found that the company failed to demonstrate it obtained meaningful express consent for remote access, which could expose sensitive personal information. The OPC also found that the company did not have adequate safeguards to prevent unauthorized access by its technicians. During the investigation, the company ceased offering personal help desk services and using the remote access software. Consequently, the OPC found the complaint to be well-founded but resolved due to the company's corporate restructuring and cessation of the problematic practices.

Key issues
  1. 1Whether the respondent obtained meaningful consent prior to remotely accessing laptops
  2. 2Whether the respondent had adequate safeguards to prevent unauthorized access to customers’ personal information by its personnel
Outcome breakdownFavours: Applicant / complainant
  • Consent for remote access: Company failed to obtain meaningful express consent
  • Safeguards for personal information: Company lacked adequate safeguards
  • Complaint outcome: Complaint well-founded but resolved
Outcome

Complaint well-founded and resolved

Reasoning

The OPC found that the company failed to obtain meaningful express consent and implement adequate safeguards. However, the issues were resolved because the company ceased the problematic services and software use during the investigation.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The company ceased offering personal help desk services and using the remote access software, which resolved the issues identified by the OPC.

Statutes considered
  • Principle 4.3 PIPEDA
  • Principle 4.3.4 PIPEDA
  • Principle 4.3.6 PIPEDA
  • Principle 4.3.2 PIPEDA
  • Subsection 6.1 PIPEDA
  • Principle 4.7 PIPEDA
  • Principle 4.7.1 PIPEDA
  • Principle 4.7.3 PIPEDA

This summary is informational only and not legal advice.

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