Disclosure to Interpol raises concerns regarding electronic transmission of personal information

The complainant alleged that the Canada Border Services Agency (CBSA) improperly disclosed his personal information, including a judgment from his country of origin, to the High Commission of Canada in Ghana and subsequently to Interpol, without his consent. This disclosure occurred during the verification of documents submitted for his refugee claim, which alleged persecution by the Nigerian government. The CBSA argued the disclosure was a consistent use under the Privacy Act for refugee determination and enforcement of the IRPA, necessary to verify the authenticity of the judgment after other documents were found fraudulent. The OPC found that the disclosure itself was permitted under paragraph 8(2)(a) of the Privacy Act as a consistent use for refugee determination purposes, thus concluding the primary complaint was "not well-founded." However, the OPC raised significant concerns regarding the CBSA's lack of established procedures for such verifications at the time, and the use of insecure commercial email (Yahoo!) for transmitting sensitive personal information of a refugee claimant. The OPC emphasized the inherent sensitivity of such information and the potential risk to claimants, recommending that CBSA review and strengthen its procedures, particularly concerning secure transmission methods and training. The OPC also noted it lacked jurisdiction over the actions of Interpol or Nigerian authorities.