Employee text messages intercepted without authorization at the Warkworth Institution

Several complainants alleged that the Correctional Service Canada (CSC) unlawfully collected personal information through the use of a cell-site simulator near the Warkworth Institution. While CSC confirmed collecting six text messages, it denied intercepting conversations and stated the collection was not authorized. The Office of the Privacy Commissioner of Canada (OPC) found that while the collection of metadata was consistent with the Privacy Act given security concerns, the interception and collection of text message content was not authorized and therefore contravened the Act.

• Whether the collection of cell phone metadata and text messages by CSC constituted personal information under the Privacy Act.
• Whether the collection of cell phone metadata was directly related to CSC's operating programs or activities.
• Whether the interception and collection of text message content was authorized under the Privacy Act.