BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/PIPEDA Report of Findings #2017-007: Operator of website that shamed debtors for profit takes down website after OPC takes the matter to Federal Court
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActPIPEDA Report of Findings #2017-007Well-founded
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PIPEDA Report of Findings #2017-007: Operator of website that shamed debtors for profit takes down website after OPC takes the matter to Federal Court

Organization: Public Executions Inc.
Decision: Aug 8, 2017Published: Aug 8, 2017

The OPC investigated a complaint that Public Executions Inc. was disclosing debtors' personal information without consent on its website for profit. The OPC found that the website's activities constituted a commercial activity under PIPEDA, and that its primary purpose was not journalistic, but rather to shame debtors into paying. The OPC determined the complaint was well-founded, leading to legal proceedings. Subsequently, the website was taken down, and the OPC discontinued its court application.

  • Whether the website's operation constituted a 'commercial activity' under PIPEDA.
  • Whether the website's purpose qualified as 'journalistic' and was therefore exempt from PIPEDA's consent requirements.
  • Whether the disclosure of personal information for the purpose of shaming debtors into paying was an 'appropriate purpose' under PIPEDA.
  • Whether section 7(3)(b) of PIPEDA permitted the broad disclosure of judgment debtor information.

Complaint well-founded, with the matter subsequently resolved by the website being taken down.

The OPC found that the website's operation was a commercial activity that contravened PIPEDA's purpose requirement by broadly publicizing debtor information for financial gain and coercion, and that it did not qualify for the journalistic exemption. The matter was resolved when the website was taken down.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The OPC recommended the deletion of debtor information from the website and search engine caches, which led to the website being taken down.

Statutory provisions cited
  • PIPEDA s. 5(3)
  • PIPEDA s. 4(1)(a)
  • PIPEDA s. 4(2)(c)
  • PIPEDA s. 7(3)(b)

This summary is informational only and not legal advice.