
Aboriginal Affairs and Northern Development Canada wrongly collects information from First Nations activist’s personal Facebook page
First Nations activist Cindy Blackstock complained that Aboriginal Affairs and Northern Development Canada (AANDC) and the Department of Justice Canada (DOJ) contravened the Privacy Act by collecting her personal information from her Facebook page. The departments argued that information posted publicly on Facebook was not personal. The OPC rejected this argument, finding that publicly available information can still be personal under the Privacy Act. The OPC found that the collection of personal information from Ms. Blackstock's personal Facebook page was not directly related to a government operating program or activity. Both departments accepted the OPC's recommendations to cease such collection, destroy previously collected personal information, and develop policies for social media monitoring.
- 1Whether information posted on a personal Facebook page constitutes "personal information" under the Privacy Act
- 2Whether the public availability of personal information on the Internet renders it non-personal
- 3Whether the collection of personal information from Ms. Blackstock's personal Facebook page was directly related to a government operating program or activity
- 4Whether the monitoring of Ms. Blackstock's public speeches constituted collection of "personal information" under the Privacy Act
- 5Whether repeated accessing of Ms. Blackstock's Indian status records was a contravention of the Privacy Act
- Definition of personal information: Publicly available information can be personal
- Collection of personal information: Collection not directly related to program/activity
- Cessation of collection: Recommendation to cease collection accepted
- Destruction of records: Recommendation to destroy information accepted
- Policy development: Recommendation to develop policies accepted
Complaint well-founded-resolved in part — corrective measures implemented
The OPC found that the departments collected personal information from Ms. Blackstock's personal Facebook page without a direct relation to a government operating program or activity, contravening the Privacy Act. The departments accepted and implemented the OPC's recommendations.
The OPC recommended that both departments stop accessing personal information on Ms. Blackstock’s page and other social media sites unless directly connected to legitimate government business, destroy previously collected personal information without such a connection, and develop internal policies governing social media collection.
- s.4 Privacy Act
This summary is informational only and not legal advice.
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