Federal (Canada)Privacy ActNot well-founded

Canada Revenue Agency takes adequate measures to ensure personal information not moved to U.S.

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

A complainant raised concerns that the Canada Revenue Agency (CRA) outsourced the storage of Canadian taxpayer information to Mobilshred Inc., which the complainant believed was a division of a US-based company, Recall. The complainant was concerned that this could make the personal information vulnerable to disclosure under the USA PATRIOT Act. The OPC investigated whether the CRA had properly safeguarded personal information from unauthorized disclosure. The CRA clarified that Mobilshred Inc. is a Canadian company, and the contract explicitly requires all physical records to remain in Canada. The OPC found that the CRA took appropriate steps to mitigate risks by ensuring all information remained in Canada and that Mobilshred Inc. is a Canadian entity. The complaint was found to be not well-founded.

Key issues
  1. 1Whether the CRA properly safeguarded personal information entrusted to Mobilshred Inc. from unauthorized disclosure under the Privacy Act
  2. 2Whether Canadian taxpayer information was vulnerable to disclosure to US authorities under the USA PATRIOT Act due to the contract with Mobilshred Inc.
  3. 3Whether Mobilshred Inc. is a Canadian entity or affiliated with a US-based company
Outcome breakdownFavours: Institution
  • Safeguarding personal information: CRA took appropriate steps to mitigate risks
  • Complaint validity: Complaint not well-founded
Outcome

Complaint not well-founded

Reasoning

The OPC found that the CRA implemented appropriate means to protect taxpayer information by contractually requiring all physical records to remain in Canada and that Mobilshred Inc. is a wholly Canadian entity, thus mitigating the risk of disclosure to US authorities.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Statutes considered
  • s.8 Privacy Act

This summary is informational only and not legal advice.

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