Federal (Canada)Privacy ActWell-founded

Unauthorized Disclosure of Employee Personal Information in CBSA’s Information Management System

Organization: Canada Border Services Agency (CBSA)Complainant: Anonymous applicant
Plain-language brief

An employee of the Canada Border Services Agency (CBSA) filed a complaint after their personal information, including sensitive details about an accommodation request, was inadvertently made accessible to other CBSA employees through the Apollo information management system. The issue stemmed from improperly set permissions on an old ATIP file folder, which allowed document titles and sometimes the first line of emails containing personal information to be visible via Apollo's search function. The OPC found that the CBSA contravened section 8 of the Privacy Act by disclosing personal information without consent or legal authority. While the CBSA corrected the specific permissions and committed to broader reviews and improved naming conventions, it did not agree to implement mandatory and trackable training for employees on Apollo permissions management. Consequently, the OPC found the complaint well-founded but unresolved, as it was not satisfied that sufficient safeguards were in place to prevent recurrence.

Key issues
  1. 1Whether the CBSA contravened section 8 of the Privacy Act by disclosing personal information without consent or legal authority
  2. 2Whether the CBSA appropriately responded to the unauthorized disclosure
  3. 3Whether the CBSA's proposed measures, without mandatory and trackable training, are sufficient to prevent future unauthorized disclosures
Outcome breakdownFavours: Both, in part
  • Disclosure of personal information: Contravention of Privacy Act s.8 found
  • Remedial action: Specific permissions corrected
  • Systemic safeguards: Insufficient safeguards found
  • Complaint resolution: Complaint well-founded but unresolved
Outcome

Complaint well-founded and unresolved

Reasoning

The CBSA contravened section 8 of the Privacy Act by inadvertently disclosing the complainant's personal information. Although the CBSA took some corrective actions, it did not agree to implement mandatory and trackable training for Apollo permissions, which the OPC deemed essential for preventing future similar disclosures.

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Decision notes
Recommended action / remedy

The OPC recommended that the CBSA make the existing Apollo training mandatory and trackable for all employees responsible for creating or modifying documents and permissions in Apollo to prevent similar breaches from reoccurring.

Statutes considered
  • s.8 Privacy Act
  • s.8(1) Privacy Act
  • s.8(2) Privacy Act

This summary is informational only and not legal advice.

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