PIPEDA Report of Findings #2017-001: Drug activity history in property reports deemed not publicly available
A complainant alleged that a company selling "home history reports" collected, used, and disclosed personal information without consent, specifically sales history, drug activity, and insurance claims. The OPC found that sales history was no longer included in reports and insurance claims information, as clarified by the respondent, related to property damage paid to third parties, not individuals, thus not constituting personal information. However, information about drug activity was deemed personal information because it could be linked to identifiable individuals and suggested their involvement in drug activity. The OPC concluded that this drug activity information was not "publicly available" under PIPEDA Regulations, requiring consent for its use. The respondent agreed to cease including drug activity details in its reports, leading to a well-founded and resolved outcome.
- 1Whether sales history information constituted personal information and was collected, used, or disclosed without consent
- 2Whether insurance claims information constituted personal information
- 3Whether drug activity information constituted personal information
- 4Whether drug activity information was "publicly available" under the Regulations Specifying Publicly Available Information
- 5Whether the respondent obtained adequate consent for the collection, use, and disclosure of personal information
- Sales history: Not included in reports
- Insurance claims: Not personal information
- Drug activity information: Is personal information
- Publicly available information: Not publicly available
- Consent for drug activity: Consent required
- Inclusion of drug activity: Ceased by respondent
- Complaint outcome: Well-founded and resolved
Complaint well-founded and resolved
The OPC found that drug activity information was personal information and not publicly available, thus requiring consent. The respondent agreed to cease including this information in its reports, resolving the contravention.
The respondent committed to cease including drug activity information in its property reports.
- s.2(1) PIPEDA
- s.7(1)(d) PIPEDA
- s.7(2)(c.1) PIPEDA
- s.7(3)(h.1) PIPEDA
- Principle 4.3 PIPEDA
- Principle 4.3.2 PIPEDA
- s.1 Regulations Specifying Publicly Available Information
This summary is informational only and not legal advice.
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