Federal (Canada)Privacy ActNot well-founded

Complaints in regard to Transport Canada’s requirement for owners of unmanned aircraft to display their personal information on the device

Organization: Transport CanadaComplainant: Anonymous applicant
Plain-language brief

Four complaints were filed against Transport Canada (TC) regarding its Interim Order requiring owners of unmanned aircraft (drones) to display their name, address, and telephone number on the device. Complainants argued this contravened the disclosure provisions of the Privacy Act by forcing public exposure of personal information without consent, and raised concerns about harassment or identity theft. TC stated the Interim Order was an interim measure to address significant safety risks posed by recreational drone users, citing a 200% increase in incidents since 2014. The OPC determined that while the information is personal, the requirement does not constitute a 'collection' of personal information by TC under sections 4 and 5 of the Privacy Act, and thus the disclosure provisions of section 8 do not apply. The OPC found no violation of the Act but noted TC's commitment to rework identification requirements in future regulations to address privacy concerns.

Key issues
  1. 1Whether the requirement to display personal information on unmanned aircraft constitutes a collection of personal information by Transport Canada under sections 4 and 5 of the Privacy Act
  2. 2Whether the disclosure provisions of section 8 of the Privacy Act apply to the personal information displayed on unmanned aircraft as per the Interim Order
  3. 3Whether the Interim Order contravenes the Privacy Act by obligating individuals to expose personal information to the public without consent
Outcome breakdownFavours: Institution
  • Collection of personal information: No collection by institution found
  • Application of disclosure provisions: Disclosure provisions not applicable
  • Violation of Privacy Act: No violation found
  • Future privacy considerations: Institution committed to addressing privacy in future regulations
Outcome

Complaints not well-founded

Reasoning

The OPC found that the Interim Order's requirement for drone owners to display personal information on their devices did not constitute a 'collection' of personal information by Transport Canada, meaning the disclosure provisions of the Privacy Act did not apply.

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.5 Privacy Act
  • s.8 Privacy Act

This summary is informational only and not legal advice.

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