Employment and Social Development Canada collects personal information again despite the complainant’s previous objection
The complainant alleged that Employment and Social Development Canada (ESDC) contravened the Privacy Act by collecting his personal information for a second time, despite his previous objection, through a third-party company. The OPC found that while ESDC's collection was not for an administrative purpose directly affecting the complainant, it failed to comply with section 4 of the Act because the information was not collected in accordance with the terms of its program, as the third party had obtained the information without consent. ESDC also continued to use the complainant's information despite his request to be removed from the list.
- Collection of personal information without consent
- Collection of personal information from a third party
- ESDC's responsibility to ensure third-party compliance with contractual obligations
- ESDC's continued collection of information after a request for removal
Complaint well-founded
ESDC failed to comply with section 4 of the Privacy Act by collecting personal information not in accordance with the parameters of its program, as the third party obtained the data without consent, and ESDC continued to use the information despite the complainant's objection.
AI-generated summary for reference only. Always verify against the official decision ↗
ESDC was recommended to ensure third parties with whom it has agreements comply with the terms of the contract related to their responsibilities under the Act, and has since updated its procedures to verify distribution lists and remove names of individuals who no longer wish to receive emails.
- s. 4 Privacy Act
- s. 5 Privacy Act
- s. 3 Privacy Act
This summary is informational only and not legal advice.