Investigation of Correctional Service Canada’s collection and disclosure of an individual’s personal information from Facebook related to an employee’s 699-leave
A complaint was filed against Correctional Service Canada (CSC) by the spouse of an employee, alleging inappropriate collection and disclosure of personal information from their public Facebook page. The information was collected by an assistant warden to investigate the employee's use of 'other leave with pay (699)' during the COVID-19 pandemic. The OPC found that significant portions of the collected information were not directly related to an operating program or activity of CSC, thus contravening Section 4 of the Privacy Act. The OPC also noted that the exclusion for publicly available information under subsection 69(2) of the Privacy Act applies only to use and disclosure, not collection. CSC subsequently deleted the collected screenshots and committed to developing guidance for managers on collecting information in a labour relations context. The complainant also raised concerns about CSC's internal complaint process, which CSC acknowledged was mishandled.
- 1Whether the collection of personal information from a public Facebook page was directly related to an operating program or activity of CSC under Section 4 of the Privacy Act
- 2Whether the exclusion for publicly available information under subsection 69(2) of the Privacy Act applies to the collection of personal information
- 3Whether the subsequent disclosure of the collected information was appropriate
- 4Whether CSC's internal process for handling privacy complaints from the public was adequate
- Collection of personal information: Contravened Section 4 of the Privacy Act
- Publicly available information: Exclusion under s.69(2) does not apply to collection
- Remedial action: Institution deleted collected information
- Policy development: Institution committed to developing guidance
- Internal complaint process: Institution acknowledged mishandling
Complaint well-founded-resolved — corrective measures taken and committed
The OPC found that CSC collected personal information not directly related to an operating program or activity, contravening Section 4 of the Privacy Act. CSC resolved the issue by deleting the information and committing to implement new guidance for managers.
CSC deleted all copies of the collected screenshots and committed to developing and disseminating guidance to managers on processes to follow before collecting information in a labour relations context to minimize the risk of privacy breaches.
- s.4 Privacy Act
- s.69(2) Privacy Act
This summary is informational only and not legal advice.
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