BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/Report of Findings: Complaint under PIPEDA against Accusearch Inc., doing business as Abika.com
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActReport of FindingsWell-founded
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Report of Findings: Complaint under PIPEDA against Accusearch Inc., doing business as Abika.com

Organization: Accusearch Inc., doing business as Abika.comComplainant: Canadian Internet Policy and Public Interest Clinic (CIPPIC)
Decision: Jul 27, 2009Published: Jul 27, 2009

This investigation concerned a complaint that Accusearch Inc. (Abika.com), a U.S. company, was collecting, using, and disclosing Canadians' personal information without their knowledge or consent, compiling inaccurate information, and doing so for inappropriate purposes. The OPC found that Abika contravened PIPEDA by collecting, using, and disclosing personal information without knowledge or consent and for inappropriate purposes. However, the complaint regarding inaccurate information was not well-founded due to a lack of objective evidence. The OPC recommended Abika cease these practices.

  • Collection, use, and disclosure of personal information without knowledge or consent
  • Compilation and disclosure of inaccurate personal information
  • Collection, use, and disclosure for inappropriate purposes
  • Jurisdiction over U.S. companies and transborder data flows

Complaint partially well-founded — corrective measures recommended

The OPC found sufficient evidence from FTC documentation and an interview with a Canadian paralegal firm to conclude that Abika collected, used, and disclosed Canadians' personal information without consent and for inappropriate purposes. However, the OPC could not find objective evidence to support the claim of inaccurate information.

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

Recommended action / remedy

The OPC recommended that Abika cease collecting, using, and disclosing the personal information of persons living in Canada without their knowledge and consent.

Statutory provisions cited
  • Principle 4.3 PIPEDA
  • Principle 4.6 PIPEDA
  • subsection 5(3) PIPEDA

This summary is informational only and not legal advice.