Federal (Canada)Privacy ActNot well-founded

Canada Revenue Agency and the Canadian Broadcasting Corporation (CBC) - 2015

Organization: Canadian Broadcasting Corporation (CBC)Complainant: Anonymous applicant
Plain-language brief

This report addresses complaints against the Canadian Broadcasting Corporation (CBC) regarding its publication of personal information inadvertently disclosed by the Canada Revenue Agency (CRA). The CRA mistakenly mailed a spreadsheet containing taxpayers' personal information to a CBC journalist. The CBC subsequently published an article detailing the breach, identifying several affected individuals, and including their photographs. Complainants alleged the CBC contravened the Privacy Act by disclosing this information. The CBC argued that the information was obtained legally and that the Privacy Act does not apply to information collected, used, or disclosed for journalistic purposes under section 69.1 of the Act. The OPC found that the CBC's actions were purely journalistic and therefore fell under this exclusion, meaning the Privacy Act did not apply to the CBC's handling of the information.

Key issues
  1. 1Whether the information published by the CBC constituted personal information under section 3 of the Privacy Act
  2. 2Whether the CBC's collection, use, and disclosure of the personal information was for journalistic purposes
  3. 3Whether the exclusion provision under section 69.1 of the Privacy Act applied to the CBC's actions
Outcome breakdownFavours: Institution
  • Application of Privacy Act: Privacy Act does not apply to CBC's journalistic activities
  • Journalistic purpose: CBC's actions deemed purely journalistic
  • Disclosure of personal information: No contravention of Privacy Act by CBC
Outcome

Complaint not well-founded — Privacy Act does not apply to CBC's journalistic activities

Reasoning

The OPC determined that the CBC's actions were purely journalistic, bringing the matter under the exclusion provision of section 69.1 of the Privacy Act, which exempts information collected, used, or disclosed for journalistic purposes from the Act's application.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.3 Privacy Act
  • s.4 Privacy Act
  • s.7(a) Privacy Act
  • s.8(1) Privacy Act
  • s.8(2) Privacy Act
  • s.69.1 Privacy Act

This summary is informational only and not legal advice.

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