Federal (Canada)Privacy ActWell-founded

Canada Revenue Agency employee accesses tax file without authorization

Organization: Canada Revenue Agency (CRA)Complainant: Anonymous applicant
Plain-language brief

A complainant alleged that the Canada Revenue Agency (CRA) contravened the Privacy Act when an employee accessed his tax file without authorization in 2005 and 2006. The complainant became suspicious after community members showed knowledge of his financial information. An audit trail report revealed that a CRA employee had accessed his T1 tax account twice, viewing sensitive personal information including his Social Insurance Number, income, and family details. The OPC's investigation confirmed that the employee accessed the account without authorization and beyond the scope of their duties. The complaint was found to be well-founded, and CRA confirmed the employee no longer has access to taxpayer information.

Key issues
  1. 1Whether a CRA employee accessed the complainant's tax file without authorization
  2. 2Whether the unauthorized access contravened the use and disclosure provisions of the Privacy Act
Outcome breakdownFavours: Both, in part
  • Unauthorized access: Complaint well-founded
  • Safeguards: Employee no longer has access to taxpayer information
Outcome

Complaint well-founded

Reasoning

The investigation revealed that a CRA employee accessed the complainant's tax file without authorization and beyond the authority and requirements of their position, constituting a contravention of the Privacy Act.

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Decision notes
Recommended action / remedy

CRA confirmed that the employee involved no longer has access to taxpayers' information.

This summary is for informational purposes only and not legal advice.

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