Federal (Canada)Privacy ActWell-founded

Mix-up by Immigration Officials Discloses Personal Information

Organization: Citizenship and Immigration CanadaComplainant: Anonymous applicant
Plain-language brief

A Canadian woman complained after her personal information, including her passport and income tax assessment, was disclosed to a Bangladeshi man whose work permit application she was supporting. The woman had sent these documents via her MP to the Canadian High Commission in Dhaka. When the man's application was refused, the High Commission returned the entire file, including the woman's documents, to him. Citizenship and Immigration Canada acknowledged the disclosure was made without consent and should not have occurred. The OPC found the complaint to be well-founded and recommended that all High Commissions implement a system to distinguish and prevent the return of third-party documents to applicants.

Key issues
  1. 1Whether Citizenship and Immigration Canada disclosed personal information without consent
  2. 2Whether the disclosure of personal information was in contravention of the Privacy Act
Outcome breakdownFavours: Applicant / complainant
  • Disclosure of personal information: Disclosure made without consent
  • Complaint finding: Complaint well-founded
  • Recommendation for High Commissions: Implement system to prevent return of third-party documents
Outcome

Complaint well-founded

Reasoning

Citizenship and Immigration Canada acknowledged that it did not have the complainant's consent and that her personal information should not have been disclosed to the man. The OPC found this constituted an unauthorized disclosure.

AI-generated summary for reference only. Always verify against the official decision ↗
Decision notes
Recommended action / remedy

The OPC recommended that all High Commissions create a stamp that says "Destroy/Do Not Return to Applicant" to distinguish documents from sources other than a visa applicant. Citizenship and Immigration Canada also apologized to the complainant.

This summary is informational only and not legal advice.

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