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Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded

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)
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Plain-language brief

CIPPIC complained that Abika.com, a U.S. company, collected, used, and disclosed Canadians' personal information without consent, compiled and disclosed inaccurate personal information through its "psychological profile" service, and used personal information for inappropriate purposes. The OPC initially declined jurisdiction, but the Federal Court ordered the investigation to proceed. The OPC found that Abika collected and disclosed personal information, including telephone records, of Canadians without their knowledge or consent, often for inappropriate purposes such as investigating partners. While the OPC found the accuracy complaint not well-founded due to lack of verifiable evidence, it concluded that Abika contravened PIPEDA Principles 4.3 and subsection 5(3). Abika failed to respond adequately to the OPC's recommendations.

Key issues
  1. 1Whether Abika collected, used, and disclosed personal information of individuals living in Canada without their knowledge and consent, in contravention of Principle 4.3
  2. 2Whether Abika compiled and disclosed inaccurate personal information through its "psychological profile" service, in contravention of Principle 4.6
  3. 3Whether Abika collected, used, and disclosed personal information about Canadians for inappropriate purposes, in contravention of subsection 5(3)
Outcome breakdownFavours: Both, in part
  • Jurisdiction: Jurisdiction affirmed by Federal Court
  • Consent for collection/disclosure: Abika contravened PIPEDA Principles 4.3
  • Appropriate purposes: Abika contravened subsection 5(3)
  • Accuracy of information: Complaint not well-founded
Outcome

Complaint well-founded in part (knowledge and consent, inappropriate purposes); not well-founded in part (accuracy).

Reasoning

The OPC found ample evidence that Abika collected and disclosed personal information of Canadians without consent and for inappropriate purposes. However, the OPC could not objectively verify the inaccuracy of the psychological profile.

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

Statutes considered
  • Principle 4.3 PIPEDA
  • Principle 4.6 PIPEDA
  • s.5(3) PIPEDA

This summary is informational only and not legal advice.

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