BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/PIPEDA Report of Findings #2017-003: Insurance company collected and used credit score for inappropriate purpose during auto insurance claims assessment process
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActPIPEDA Report of Findings #2017-003Well-founded & conditionally resolved
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PIPEDA Report of Findings #2017-003: Insurance company collected and used credit score for inappropriate purpose during auto insurance claims assessment process

Organization: An insurance companyComplainant: an individual
Decision: Mar 14, 2017Published: Mar 14, 2017

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint against an insurance company that collected and used an individual's credit score during an auto insurance claims assessment. The OPC found that the company did not have a legal basis to use credit scores for fraud detection in this context and did not obtain meaningful consent from the individual because they failed to clearly state that providing consent was optional. The company also lacked openness in its policies regarding credit score usage.

  • Appropriateness of using credit scores for fraud detection in auto insurance claims assessment.
  • Whether meaningful consent was obtained for the collection and use of credit score.
  • Whether the insurance company over-collected personal information.
  • The company's openness regarding its credit score collection and use policies.

Complaint well-founded and conditionally resolved — insurance company agreed to stop using credit scores for auto insurance claims assessment and review other uses.

The OPC found the collection and use of credit scores for fraud detection during auto insurance claims assessment was not appropriate as the company could not demonstrate a direct business need or legal authority. Meaningful consent was not obtained because the optional nature of providing consent was not made clear, and the company was not sufficiently open about its practices.

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Recommended action / remedy

The insurance company agreed to stop collecting and using credit scores during the auto insurance claim assessment process and to review and potentially revise its collection and use of credit scores for other types of insurance and purposes.

Statutory provisions cited
  • s.5(3) PIPEDA
  • Principle 4.2 PIPEDA
  • Principle 4.3 PIPEDA
  • Principle 4.3.2 PIPEDA
  • Principle 4.4 PIPEDA
  • Principle 4.4.1 PIPEDA
  • Principle 4.8.1 PIPEDA

This summary is informational only and not legal advice.