Federal (Canada)Privacy ActWell-founded

Copying Google Result is Collecting Personal Information

Organization: Veterans Affairs CanadaComplainant: Anonymous applicant
Plain-language brief

An individual complained that Veterans Affairs Canada improperly collected his personal information. The individual had contacted Veterans Affairs and the National Capital Commission regarding a monument. Subsequently, a Veterans Affairs official searched the individual's email address on Google, finding a discussion page with personal information. The official then emailed the URL of this page to the entire email thread, stating the individual's email was "public domain." The OPC found that Veterans Affairs did not have a demonstrable need to collect the URL linking to the personal information. The collection of this URL was deemed a violation of the Privacy Act, as collected personal information must relate directly to an operating program or activity. The complaint was well-founded, and Veterans Affairs apologized and deleted the email from its systems.

Key issues
  1. 1Whether the collection of a URL linking to publicly available personal information constitutes collection under the Privacy Act
  2. 2Whether the collected personal information related directly to an operating program or activity of Veterans Affairs Canada under section 4 of the Privacy Act
Outcome breakdownFavours: Applicant / complainant
  • Collection of personal information: Collection violated Privacy Act
  • Demonstrable need for collection: No demonstrable need found
  • Relation to operating program: Information not related to program
  • Complaint outcome: Complaint well-founded
  • Remedial action: Institution apologized and deleted email
Outcome

Complaint well-founded — corrective measures taken

Reasoning

The OPC found that Veterans Affairs Canada collected personal information (the URL) without a demonstrable need related to an operating program or activity, thereby violating section 4 of the Privacy Act. The Department subsequently took corrective action.

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Decision notes
Recommended action / remedy

Veterans Affairs Canada apologized to the individual by letter and took steps to ensure that the email containing the URL was deleted from its computer systems.

Statutes considered
  • s.4 Privacy Act

This summary is informational only and not legal advice.

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