← Back to catalogue/Federal (Canada)PIPEDA Findings #2024-002
Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded & resolved

PIPEDA Findings #2024-002: Investigation into Brinks Home

Organization: Brinks HomeComplainant: Anonymous applicant
Plain-language brief

A Brinks Home customer complained that he could view other customers' personal information through his online portal. The OPC investigated whether Brinks Home had adequate security safeguards and complied with breach notification requirements. Brinks Home acknowledged an employee error caused 3,340 customer records to be accessible to 102 other customers, with up to 20 potentially accessing the data. The OPC found that Brinks Home failed to adequately protect personal information, but this issue was resolved by the company's corrective actions and subsequent sale of its Canadian customer accounts. Regarding breach notification, the OPC determined that while the information was sensitive, the probability of misuse was low because the unauthorized access was by known customers, not malicious actors. Therefore, the incident did not pose a real risk of significant harm, and Brinks Home was not required to report it or notify affected individuals.

Key issues
  1. 1Whether Brinks Home implemented adequate security safeguards to protect customers' personal information under Principle 4.7 of Schedule 1 of PIPEDA
  2. 2Whether Brinks Home complied with breach notification requirements under section 10.1 of PIPEDA
  3. 3Whether the breach presented a real risk of significant harm (RROSH)
  4. 4Whether the personal information involved was sensitive
  5. 5Whether the probability of misuse of the personal information was low
Outcome breakdownFavours: Institution
  • Security safeguards: Inadequate safeguards found, resolved by corrective actions
  • Breach notification requirement: No real risk of significant harm, notification not required
Outcome

Safeguards complaint well-founded and resolved; breach notification complaint not well-founded

Reasoning

The safeguards issue was well-founded because Brinks Home acknowledged employee error and inadequate protection, but it was resolved by the company's corrective measures. The breach notification issue was not well-founded because the OPC determined there was no real risk of significant harm, despite the sensitivity of the data, due to the low probability of misuse by known customers.

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Decision notes
Statutes considered
  • Principle 4.7 PIPEDA
  • s.10.1 PIPEDA
  • s.10.1(1) PIPEDA
  • s.10.1(3) PIPEDA
  • s.10.1(8) PIPEDA
  • Principle 4.7.1 PIPEDA
  • Principle 4.3.4 PIPEDA

This summary is informational only and not legal advice

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