BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Canada Revenue Agency takes adequate measures to ensure personal information not moved to U.S.
Office of the Privacy Commissioner of CanadaPrivacy ActNot well-founded
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Canada Revenue Agency takes adequate measures to ensure personal information not moved to U.S.

Organization: Canada Revenue Agency
Decision: May 17, 2016Published: May 17, 2016

A complainant expressed concerns that personal taxpayer information held by Mobilshred Inc. under contract with the Canada Revenue Agency (CRA) could be accessed by US authorities under the USA PATRIOT Act, due to Mobilshred's perceived US affiliation. The OPC investigated whether the CRA had adequately safeguarded this information. The investigation determined that Mobilshred Inc. is a Canadian company, and the contract explicitly requires all stored paper records to remain physically within Canada. Therefore, the CRA took adequate measures to prevent unauthorized disclosure.

  • Potential for US authorities to access Canadian taxpayer information stored by a contractor under the USA PATRIOT Act.
  • Whether the Canada Revenue Agency adequately safeguarded personal information entrusted to a third-party contractor.
  • The corporate structure and operational location of Mobilshred Inc. and its parent company, Recall.

Complaint not well-founded

The investigation found that Mobilshred Inc. is a Canadian company and that the contract with the Canada Revenue Agency stipulated that all personal information must remain physically within Canada, thereby mitigating the risk of unauthorized disclosure to US authorities.

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Statutory provisions cited
  • s. 8 Privacy Act

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