BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/TV show raises numerous questions of consent
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded
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TV show raises numerous questions of consent

Organization: Canada Border Services Agency
Decision: Jun 6, 2016Published: Jun 6, 2016

The OPC investigated two complaints regarding the Canada Border Services Agency's (CBSA) participation in the TV show "Border Security: Canada's Front Line". The investigation focused on a complaint filed by the British Columbia Civil Liberties Association on behalf of an individual filmed during a CBSA enforcement activity. The OPC found that the CBSA's participation and disclosure of personal information to the production company, Force Four, violated sections 4 and 8 of the Privacy Act due to issues with informed consent and improper disclosure of information. The OPC recommended the CBSA cease its participation in the TV program, which the CBSA accepted.

  • Validity of consent obtained for filming and disclosure of personal information
  • CBSA's ability to contract out of Privacy Act obligations
  • Adequacy of facial blurring to protect identity
  • Disclosure of information about an intended subject prior to filming

Complaint well-founded — corrective measures taken

The OPC determined that the CBSA failed to obtain valid consent for the disclosure of personal information and improperly disclosed information about an individual being sought by the CBSA. The CBSA accepted the recommendation to cease participation in the TV program.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The CBSA was recommended to cease its participation in the TV program and to undertake a Privacy Impact Assessment before embarking on any future initiatives involving personal information.

Statutory provisions cited
  • section 4 of the Act
  • section 8 of the Act
  • subsection 8(1)
  • subsection 8(2)
  • section 107 of the Customs Act
  • Immigration and Refugee Protection Act (IRPA)
  • Customs Act

This summary is for informational purposes only and does not constitute legal advice.