Failure to publish a personal information bank description on Zero-Emissions Program contravenes the Privacy Act
An individual complained that Transport Canada collected his personal information for the "Incentives for Zero-Emission Vehicles Program" (iZEV) without a publicly available Personal Information Bank (PIB) description, as required by the Privacy Act. Transport Canada launched the iZEV program in May 2019 but did not submit a PIB description to the Treasury Board Secretariat (TBS) for approval until 19 months later. The OPC found that both Transport Canada and TBS contributed to the contravention, as TBS failed to approve and publish the PIB description in a timely manner. Although Transport Canada eventually published the PIB, TBS declined to implement the OPC's recommendations for service standards, citing complexity, but outlined internal process improvements. The OPC acknowledged TBS's efforts to address the backlog.
- 1Whether Transport Canada failed to ensure personal information collected for the iZEV program was included in a publicly available PIB description as required by section 10 of the Privacy Act
- 2Whether Transport Canada obtained TBS approval for a new PIB before implementing the iZEV program as required by subsection 71(4) of the Privacy Act and the TBS Directive on Privacy Impact Assessment
- 3Whether TBS fulfilled its responsibility under section 11 of the Privacy Act to ensure timely publication of PIB descriptions
- 4Whether the lack of a timely PIB approval process by TBS impacts the operability of the PIB regime under the Privacy Act
- Collection without PIB: Transport Canada contravened Privacy Act
- Timeliness of PIB approval: TBS contributed to contravention
- Remedial recommendations: TBS declined to implement service standards
- Internal process improvements: TBS outlined internal process improvements
Complaint well-founded — corrective measures taken by Transport Canada, TBS committed to process improvements
Transport Canada contravened the Privacy Act by failing to publish a PIB description for the iZEV program in a timely manner. TBS also contributed to the issue by not approving and publishing the PIB description promptly. Transport Canada subsequently published the PIB, and TBS committed to improving its PIB approval processes, though it did not agree to formal service standards.
The OPC recommended that Transport Canada and TBS collaborate to finalize, approve, and publish the PIB description for the iZEV program. It also recommended that TBS consider developing and implementing a reasonable service standard for PIB approvals and delegating some PIB-related responsibilities to government institutions.
- s.10 Privacy Act
- s.11 Privacy Act
- s.71(4) Privacy Act
This summary is informational only and not legal advice.
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