
Investigation into the steps the Canada Revenue Agency took to ensure the accuracy of a taxpayer’s personal information that it used to make an administrative decision about them
An individual complained that the Canada Revenue Agency (CRA) failed to ensure the accuracy of their personal information, leading to an imposter fraudulently obtaining Canada Emergency Response Benefit (CERB) payments in their name. The imposter gained unauthorized access to the complainant's CRA My Account, changed direct deposit information, and applied for benefits. This resulted in the complainant receiving a tax reassessment for over $5,500. The OPC found that the CRA relied on inadequate safeguards against unauthorized access and modification, thus failing to take reasonable steps to ensure the accuracy of personal information used for administrative decisions under section 6(2) of the Privacy Act. The CRA has since implemented corrective measures, including enhanced authentication processes and security for high-impact modifications. The OPC found the complaint well-founded and conditionally resolved, noting the CRA's commitments to address the issues.
- 1Whether the CRA took all reasonable steps to ensure the accuracy of personal information used for administrative purposes under subsection 6(2) of the Privacy Act
- 2Whether the safeguards in place at the time of the breach were adequate to prevent unauthorized access and modification of personal information
- 3Whether the CRA's authentication processes were sufficient to prevent identity theft and fraudulent activity
- 4Whether the CRA should have contacted Employment and Social Development Canada (ESDC) sooner regarding the complainant's identity theft
- 5Whether the CRA provided timely notification of the privacy breach to the affected individual
- 6Whether the CRA fulfilled its mandatory privacy breach reporting obligations to the OPC
- Accuracy of personal information: CRA failed to ensure accuracy
- Safeguards against unauthorized access: CRA safeguards were inadequate
- Corrective measures: CRA implemented enhanced security
- Complaint outcome: Complaint well-founded and conditionally resolved
Complaint well-founded and conditionally resolved
The OPC found that the CRA did not take all reasonable steps to ensure the accuracy of personal information due to inadequate safeguards against unauthorized access and modification. However, the CRA has since implemented corrective measures and committed to further changes, leading to a conditional resolution.
The CRA implemented corrections to its authentication request processes and enhanced security measures for high-impact modifications to personal information. The OPC also encouraged the CRA to implement measures to address situations where taxpayer information accessible in another department's system has been compromised, and to act more promptly in notifying affected individuals of material breaches.
- s.6(2) Privacy Act
This summary is informational only and not legal advice.
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