BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Disclosure to Interpol raises concerns regarding electronic transmission of personal information
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded
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Disclosure to Interpol raises concerns regarding electronic transmission of personal information

Organization: Canada Border Services Agency
Decision: Apr 29, 2015Published: Apr 29, 2015

The complainant alleged that the Canada Border Services Agency (CBSA) improperly disclosed his personal information to his country of origin without consent. The CBSA disclosed a court judgment related to the complainant's criminal history to the High Commission of Canada to Ghana, which then forwarded it to Interpol for verification. The OPC found that while the disclosure was for a consistent purpose under the Privacy Act (enforcing immigration law), the CBSA's procedures for such disclosures were insufficient at the time, and the electronic transmission of information raised concerns.

  • Disclosure of personal information to a foreign entity for verification purposes.
  • Whether the disclosure constituted a consistent use of information under the Privacy Act.
  • Adequacy of CBSA procedures for international disclosure and verification requests.
  • Concerns regarding the electronic transmission of personal information.

Complaint not well-founded, but with concerns raised about procedures and electronic transmission.

The OPC concluded the disclosure was for a consistent purpose under paragraph 8(2)(a) of the Privacy Act, necessary for enforcing immigration law. However, the OPC noted that the CBSA's verification procedures were insufficient at the time and raised concerns about the security of electronic transmissions.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The OPC recommended that the CBSA review and strengthen its procedures for international disclosure and verification requests, particularly regarding electronic transmission of personal information, and discuss recourse options with the RCMP for suspected secondary disclosures by Interpol.

Statutory provisions cited
  • s. 3 Privacy Act
  • s. 8 Privacy Act
  • para. 8(2)(a) Privacy Act

This summary is informational only and not legal advice.