Vaccine mandates for entry into Canada
The Office of the Privacy Commissioner of Canada (OPC) investigated complaints regarding the collection, use, retention, and disclosure of personal information, including vaccination status, by the Public Health Agency of Canada (PHAC) and Canada Border Services Agency (CBSA) under Emergency Orders for entry into Canada during the COVID-19 pandemic. Complainants argued the measures were unlawful, unnecessary, and disproportionate. The OPC found that the collection of personal information was directly related to an operating program or activity of PHAC and CBSA, and its use and disclosure were for the purpose collected or consistent with it, or authorized by an Act of Parliament. The OPC also determined that the retention and disposal of information complied with the Privacy Act and related regulations. While necessity and proportionality are not explicit requirements of the Privacy Act, the OPC assessed these principles and found the collection overall to be necessary and proportional. However, the OPC identified gaps in PHAC's assessment and documentation of less privacy-intrusive alternatives and clarity of objectives in the final six months of the Orders. All complaints alleging contraventions of the Privacy Act were found to be not well-founded.
- 1Whether the personal information collected was directly related to an operating program or activity of PHAC and CBSA (s.4 Privacy Act)
- 2Whether the personal information was used or disclosed for the purpose for which it was compiled/obtained, or in accordance with an Act of Parliament (s.7, s.8 Privacy Act)
- 3Whether the personal information was disposed of in accordance with the Privacy Regulations and the Directive on Privacy Practices (s.6(3) Privacy Act)
- 4Whether the collection of personal information under the Emergency Orders was necessary
- 5Whether the collection of personal information under the Emergency Orders was effective
- 6Whether there were less privacy-intrusive ways of achieving the same end
- 7Whether the loss of privacy was proportional to the need
- Collection of personal information: Collection found directly related to operating program
- Use and disclosure of information: Use and disclosure found consistent with purpose or authorized
- Retention and disposal of information: Retention and disposal found compliant with Privacy Act
- Necessity and proportionality: Collection found overall necessary and proportional
- Assessment of alternatives: Gaps identified in PHAC's assessment and documentation
- Clarity of objectives: Gaps identified in PHAC's clarity of objectives
- Overall complaint outcome: Complaints found not well-founded
Complaints not well-founded, with recommendations for future practice
The OPC found that PHAC and CBSA complied with the Privacy Act regarding the collection, use, disclosure, retention, and disposal of personal information, and that the measures were generally necessary and proportional, despite some identified gaps in PHAC's documentation of alternatives.
The OPC recommended that PHAC specifically examine and document its assessment of potentially less privacy-intrusive alternatives against clearly delineated objectives for future similar mandatory collections, and encouraged Parliament to consider clarifying the scope of the Quarantine Act.
- s.4 Privacy Act
- s.6(3) Privacy Act
- s.7 Privacy Act
- s.8 Privacy Act
- Privacy Regulations
- Directive on Privacy Practices
- Quarantine Act
This summary is informational only and not legal advice.
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