BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Erroneous quarantine notifications from ArriveCAN
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded
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Erroneous quarantine notifications from ArriveCAN

Organization: Canada Border Services Agency (CBSA)
Decision: May 30, 2023Published: May 30, 2023

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint regarding erroneous quarantine notifications sent by the ArriveCAN application to approximately 10,200 Apple device users. The OPC found that the Canada Border Services Agency (CBSA) did not take all reasonable steps to ensure the accuracy of the personal information used for administrative decisions, contravening subsection 6(2) of the Privacy Act. The CBSA disagreed with this finding and refused to correct the inaccurate information, although they later informed the OPC that the defect had been fixed and affected individuals notified.

  • Whether the CBSA took all reasonable steps to ensure the accuracy of personal information used for administrative decisions.
  • Whether the 'quarantine_exempted' data field constituted personal information used for an administrative purpose.
  • Whether the CBSA's pre-release testing, human intervention, and correction mechanisms were adequate.
  • Whether the CBSA should correct the erroneous information it holds despite the measures taken.

Complaint well-founded — corrective measures not fully implemented

The OPC found that the CBSA failed to implement rigorous pre-release testing for high-impact errors, ensure effective human intervention for high-impact decisions, and provide timely correction and recourse for individuals. While the CBSA fixed the defect and notified affected individuals, they disagreed with the OPC's findings and refused to correct the erroneous data in their holdings.

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Recommended action / remedy

The OPC recommended that the CBSA correct the inaccurate information generated by the ArriveCAN error for all affected individuals within six months.

Statutory provisions cited
  • subsection 6(2) of the Privacy Act

This summary is informational only and not legal advice.