BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/IRCC email breach creates risk of harm to individuals seeking Afghan emergency assistance
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded & conditionally resolved
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IRCC email breach creates risk of harm to individuals seeking Afghan emergency assistance

Organization: Immigration, Refugees and Citizenship Canada (IRCC)Complainant: An individual
Decision: Dec 14, 2022Published: Dec 14, 2022

Immigration, Refugees and Citizenship Canada (IRCC) inadvertently disclosed the email addresses of 636 individuals seeking emergency assistance related to the situation in Afghanistan. These individuals were included in the "TO" field of mass emails, rather than the "BCC" field, exposing their contact information to other recipients. The Office of the Privacy Commissioner of Canada (OPC) found that IRCC contravened section 8 of the Privacy Act due to insufficient controls to prevent such disclosures and that the complaint was well-founded. While IRCC took immediate steps to mitigate the breach, the OPC emphasized the need for robust preventative measures.

  • Disclosure of personal information without consent
  • Adequacy of preventative measures for mass emails
  • Mitigation of harm to affected individuals
  • Risk of recurrence of similar breaches

Complaint well-founded and conditionally resolved

IRCC contravened section 8 of the Privacy Act by disclosing personal information erroneously. While IRCC implemented remedial actions, the OPC found that the institution's preventative measures were initially insufficient, leading to a conditionally resolved outcome pending further technological enhancements.

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Recommended action / remedy

IRCC committed to providing an update on further technological measures to mitigate misdirected email correspondence by March 3, 2023.

Statutory provisions cited
  • s. 8 Privacy Act

This summary is informational only and not legal advice.