Privacy Commissioner's finding on Canada Post's National Change of Address service - February 25, 2002
The Privacy Commissioner investigated a complaint regarding Canada Post's National Change of Address (NCOA) service. The complainant argued that Canada Post failed to adequately inform subscribers that their new addresses would be disclosed to third-party "mailers" (including mass marketers and direct marketers) for commercial purposes. The Commissioner found that Canada Post contravened sections 5(2) and 8 of the Privacy Act by not clearly identifying this purpose of disclosure and by failing to obtain the necessary consent from individuals.
- Adequacy of information provided to NCOA service subscribers regarding disclosure of new addresses to third parties.
- Whether consent obtained for NCOA service implicitly includes consent for disclosure to mass marketers and direct marketers.
- Canada Post's use of "negative consent" (opt-out) versus "positive consent" (opt-in) for disclosure of personal information.
Complaint well-founded — Canada Post contravened the Privacy Act.
The Commissioner determined that Canada Post failed to clearly identify the purpose of collecting personal information by not explicitly stating that new addresses would be disclosed to mass marketers and direct marketers for commercial gain. Furthermore, the consent obtained through the NCOA application form was insufficient, as a reasonable person would not understand it to include such disclosures.
AI-generated summary for reference only. Always verify against the official decision ↗
The Commissioner recommended that Canada Post clearly indicate in its literature and on the NCOA form that the selling of an individual's new address to organizations is a feature of the service and recommended adding a check-off box for explicit consent to this disclosure.
- s. 5(2) Privacy Act
- s. 8 Privacy Act
- s. 8(2) Privacy Act
This summary is informational only and not legal advice.