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← Back to catalogue/Federal (Canada)PIPEDA Report of Findings #2016-003
Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded & conditionally resolved

PIPEDA Report of Findings #2016-003: Investigation into the personal information handling practices of “Compu-Finder” (3510395 Canada Inc.)

Organization: Compu-Finder (3510395 Canada Inc.)Complainant: Office of the Privacy Commissioner of Canada
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Plain-language brief

The OPC initiated a complaint against Compu-Finder (3510395 Canada Inc.) for allegedly collecting and using individuals' email addresses without consent to send promotional emails. Compu-Finder argued it had implied consent, that the information was publicly available, or that it fell under the business contact information carve-out. The OPC found that Compu-Finder contravened PIPEDA principles regarding meaningful consent, fair and lawful collection, accountability, and openness. Specifically, its telemarketing script was inadequate, and it failed to prove express consent or justify implied consent or exemptions. Compu-Finder also lacked a designated privacy officer and public privacy policies. As a result, the OPC issued recommendations, which Compu-Finder agreed to implement. The OPC concluded the complaint was well-founded and resolved in part, and well-founded and conditionally resolved in part, entering into a compliance agreement to monitor implementation.

Key issues
  1. 1Whether Compu-Finder's collection and use of email addresses constituted "personal information" under PIPEDA.
  2. 2Whether the business contact information carve-out under s. 4.01 PIPEDA applied to Compu-Finder's activities.
  3. 3Whether Compu-Finder obtained meaningful express consent for collecting email addresses via telemarketing (Principles 4.2, 4.3, 4.3.2).
  4. 4Whether Compu-Finder collected personal information by fair and lawful means (Principle 4.4).
  5. 5Whether Compu-Finder obtained meaningful implied consent for collecting email addresses from publicly available sources (Principle 4.3.6).
  6. 6Whether the "publicly available information" exemption (s. 7(1)(d), 7(2)(c.1) PIPEDA and s. 1 of the Regulations) applied to Compu-Finder's collection and use of email addresses.
  7. 7Whether the address harvesting provisions (s. 7.1(2) PIPEDA) prohibited the use of email addresses collected via software before the provision came into force.
  8. 8Whether Compu-Finder had a designated individual accountable for PIPEDA compliance (Principle 4.1).
  9. 9Whether Compu-Finder implemented policies and practices to give effect to PIPEDA principles (Principle 4.1.4).
  10. 10Whether Compu-Finder was open about its personal information management policies and practices (Principles 4.8.1, 4.8.2).
Outcome breakdownFavours: Applicant / complainant
  • Collection of email addresses: Contravention of PIPEDA found
  • Use of email addresses: Contravention of PIPEDA found
  • Meaningful consent: Contravention of PIPEDA found
  • Accountability principle: Contravention of PIPEDA found
  • Openness principle: Contravention of PIPEDA found
  • Resolution of complaint: Well-founded and conditionally resolved
Outcome

Complaint well-founded and resolved in part, and well-founded and conditionally resolved in part

Reasoning

Compu-Finder contravened several PIPEDA principles regarding consent, accountability, and openness, but committed to implementing corrective measures, some of which were completed and others are ongoing under a compliance agreement.

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Decision notes
Recommended action / remedy

The Commissioner entered into a compliance agreement requiring Compu-Finder to designate a privacy officer, develop and publish privacy policies, train employees, amend its telemarketing script, maintain consent records, destroy improperly collected email addresses, cease address harvesting, and commission an independent audit.

Statutes considered
  • Principle 4.3 PIPEDA
  • Principle 4.3.2 PIPEDA
  • Principle 4.2 PIPEDA
  • Principle 4.4 PIPEDA
  • Principle 4.1 PIPEDA
  • Principle 4.1.4 PIPEDA
  • Principle 4.8.1 PIPEDA
  • Principle 4.8.2 PIPEDA
  • s. 7(1)(d) PIPEDA
  • s. 7(2)(c.1) PIPEDA
  • s. 7.1(2)(a) PIPEDA
  • s. 7.1(2)(b) PIPEDA
  • s. 4.01 PIPEDA
  • s. 17.1(1) PIPEDA
  • s. 1 of the Regulations

This summary is informational only and not legal advice.

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