Federal (Canada)Privacy ActNot well-founded

Concern raised over online disclosure - The Qalipu Mi’kmaq First Nation Band

Organization: Aboriginal Affairs and Northern Development Canada (AANDC)Complainant: Anonymous applicant
Plain-language brief

A woman complained to the OPC that Aboriginal Affairs and Northern Development Canada (AANDC) was putting her at risk of identity theft by publishing her full name and date of birth in the Canada Gazette, which is available online. This information was published as part of the enrollment process for the Qalipu Mi’kmaq First Nation Band. The OPC investigated whether this disclosure was consistent with the Privacy Act. The OPC determined that the disclosure was for the purpose for which the information was originally collected, which was for the identification and recognition of Band members. Therefore, the disclosure was permissible under the Privacy Act without the individual's consent. The complaint was found to be not well-founded, but the OPC recommended AANDC explore future options to mitigate identity theft risks.

Key issues
  1. 1Whether the disclosure of full name and date of birth in the Canada Gazette was consistent with the Privacy Act
  2. 2Whether personal information can be disclosed without consent when it is for the purpose for which it was originally collected
Outcome breakdownFavours: Institution
  • Disclosure of personal information: Disclosure was consistent with Privacy Act
  • Purpose of disclosure: Disclosure was for original collection purpose
  • Consent for disclosure: Consent not required under Privacy Act
  • Complaint finding: Complaint not well-founded
  • Future risk mitigation: OPC recommended exploring options
Outcome

Complaint not well-founded

Reasoning

The OPC found that the disclosure of the complainant's name and date of birth was consistent with the Privacy Act, as it was for the purpose for which the information was originally collected (identification and recognition of Band members).

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