BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Investigation of Immigration, Refugees and Citizenship Canada’s disclosure of personal information to the Canada Border Services Agency
Office of the Privacy Commissioner of CanadaPrivacy ActNot well-founded
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Investigation of Immigration, Refugees and Citizenship Canada’s disclosure of personal information to the Canada Border Services Agency

Organization: Immigration, Refugees and Citizenship Canada
Decision: Sep 11, 2023Published: Sep 11, 2023

This investigation concerned an individual's complaint that their Permanent Resident Card renewal application, submitted to Immigration, Refugees and Citizenship Canada (IRCC), was inappropriately disclosed to the Canada Border Services Agency (CBSA). The complainant alleged this disclosure was contrary to the purpose for which the information was collected and that it was used in support of a cessation application to terminate refugee protection. The OPC found that the disclosure was consistent with the purpose for which the information was obtained, as both departments share a mandate under the Immigration and Refugee Protection Act and information sharing for immigration legislation enforcement is considered a consistent use. Therefore, the complaints against both departments were found not well-founded.

  • Whether IRCC was authorized to disclose the complainant's personal information to the CBSA.
  • Whether the disclosure was for a purpose for which the information was obtained or a consistent use.
  • The interpretation of "consistent use" under paragraph 8(2)(a) of the Privacy Act.
  • The impact of the privacy notice on the PRC renewal application and the relevant Personal Information Bank (PIB).

Complaints found not well-founded

The Office of the Privacy Commissioner found that IRCC's disclosure of the complainant's personal information to the CBSA was consistent with the purpose for which the information was originally collected. This conclusion was supported by the departments' Memorandum of Understanding, the privacy notice on the application form, and the described consistent uses in the relevant Personal Information Bank, which allowed for information sharing for immigration legislation enforcement.

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Statutory provisions cited
  • s. 8(2)(a) Privacy Act
  • s. 7(a) Privacy Act

This summary is informational only and not legal advice.