BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Investigation of Correctional Service Canada’s collection and disclosure of an individual’s personal information from Facebook related to an employee’s 699-leave
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded & resolved
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Investigation of Correctional Service Canada’s collection and disclosure of an individual’s personal information from Facebook related to an employee’s 699-leave

Organization: Correctional Service CanadaComplainant: Spouse of a Correctional Services Canada employee
Decision: Apr 13, 2023Published: Apr 13, 2023

The spouse of a Correctional Services Canada (CSC) employee complained that the employee's manager inappropriately collected personal information about them from their public Facebook page in relation to the employee's use of "Other leave with pay (699)". The OPC found that CSC contravened section 4 of the Privacy Act by collecting information that was not related directly to an operating program or activity of CSC. The OPC also noted that CSC's ATIP office incorrectly advised the complainant on how to raise a privacy concern.

  • Whether the collection of personal information from a public Facebook page was related directly to an operating program or activity of CSC.
  • Whether information collected from a public source is exempt from the collection provisions of the Privacy Act.
  • Whether CSC's ATIP office provided appropriate guidance to a member of the public wishing to raise a privacy concern.

Complaint well-founded — corrective measures taken

The OPC found that significant portions of the collected personal information had no bearing on the assessment of the employee's leave, thus contravening section 4 of the Privacy Act. CSC deleted the collected screenshots and committed to disseminating guidance to managers regarding information collection.

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Recommended action / remedy

Correctional Service Canada deleted the inappropriate screenshots and committed to disseminating guidance to managers on proper information collection processes.

Statutory provisions cited
  • Section 4 Privacy Act

This summary is informational only and not legal advice.