Federal (Canada) Privacy Decisions

Three complainants alleged that Correctional Service Canada (CSC) was using video footage collected for security purposes to monitor employee performance. The Office of the Privacy Commissioner of Canada (OPC) investigated and found that CSC used the footage to identify systemic deficiencies in patrols following an inmate's death, aiming to improve security and prevent future deaths. The OPC determined this use was consistent with the original purpose of collection (security) and therefore not a contravention of the Privacy Act.

• Was CSC using video footage to monitor employee performance?
• Was the use of video footage for identifying and addressing security deficiencies consistent with the original purpose of collection?
• Did the use of video footage contravene the Privacy Act's use provisions?

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint regarding the Department of National Defence’s (DND) disclosure of deceased Canadian Forces members’ medical records to Military Police investigators for suicide investigations. The OPC found that while DND’s Directorate of Access to Information and Privacy (DAIP) generally acted appropriately in assessing the necessity of the requested information, its record-keeping practices were insufficient, failing to retain all requested disclosure forms as required by the Privacy Act. DND was recommended to improve its policies and procedures to ensure full retention of request forms, verify the statutory authority for investigations, and maintain more comprehensive disclosure records.

• Adequacy of DND's assessment of necessity for disclosing medical records under paragraph 8(2)(e) of the Privacy Act for suicide investigations.
• Sufficiency of DND's record-keeping practices concerning requests and disclosures under paragraph 8(2)(e).
• DND's interpretation of its obligations regarding lawful investigations and adherence to its own policies.
• Whether DND's disclosure of records was consistent with the Privacy Act and TBS Directive.

Four complainants alleged that Transport Canada's requirement for owners of unmanned aircraft to display their personal information on the device contravened the Privacy Act. They argued this obligation to publicly display contact information without consent was a violation of disclosure provisions. The Office of the Privacy Commissioner of Canada (OPC) found that while the information collected is personal, the requirement did not constitute a collection by Transport Canada itself, and therefore, the disclosure provisions of the Act did not apply. The OPC concluded the complaints were not well-founded, acknowledging the measure was an interim safety precaution but noted Transport Canada intended to revise the regulations to address privacy concerns.

• Whether the requirement to display personal information on unmanned aircraft constitutes a collection under the Privacy Act.
• Whether the disclosure of personal information on unmanned aircraft contravenes the disclosure provisions of the Privacy Act.
• The balance between aviation safety and public privacy.
• The authority of the Minister of Transport to issue interim orders for aviation safety.

This investigation concerned a complaint alleging that Statistics Canada (StatCan) improperly disclosed confidential census data to Shared Services Canada (SSC) when transferring its IT infrastructure. The complainant also raised concerns about the adequacy of safeguards and supervision of SSC employees handling the data. The OPC found that StatCan did not disclose personal information contrary to the Privacy Act, as it was legally required to transfer its IT infrastructure to SSC. Furthermore, StatCan took reasonable measures to define its relationship with SSC and ensure privacy and security considerations were addressed.

• Whether StatCan improperly disclosed confidential census data to SSC.
• Whether StatCan took reasonable measures to safeguard the census data transferred to SSC's IT infrastructure.
• Whether StatCan adequately supervised SSC employees with access to the data.
• Whether the transfer of data was consistent with the Statistics Act and the Privacy Act.

A complainant expressed concerns that personal taxpayer information held by Mobilshred Inc. under contract with the Canada Revenue Agency (CRA) could be accessed by US authorities under the USA PATRIOT Act, due to Mobilshred's perceived US affiliation. The OPC investigated whether the CRA had adequately safeguarded this information. The investigation determined that Mobilshred Inc. is a Canadian company, and the contract explicitly requires all stored paper records to remain physically within Canada. Therefore, the CRA took adequate measures to prevent unauthorized disclosure.

• Potential for US authorities to access Canadian taxpayer information stored by a contractor under the USA PATRIOT Act.
• Whether the Canada Revenue Agency adequately safeguarded personal information entrusted to a third-party contractor.
• The corporate structure and operational location of Mobilshred Inc. and its parent company, Recall.

Canada Post's collection of electronic signatures for mail tracking was investigated following a complaint. The OPC found that Canada Post's collection, use, and disclosure of signatures for tracking purposes complied with the Privacy Act, as it was consistent with the original purpose of collection and a permitted disclosure under paragraph 8(2)(a) of the Act. However, the OPC identified shortcomings in the security and privacy controls of Canada Post's online tracking website and made recommendations for improvement, which Canada Post accepted.

• Adequacy of notice provided to individuals regarding the collection, use, and disclosure of their electronic signatures.
• Compliance with the Privacy Act regarding the collection, use, and disclosure of personal information.
• Adequacy of security and privacy controls for digitized signatures displayed on Canada Post's online tracking website.

This investigation concerned complaints against the CBC for disclosing details of a privacy breach at the Canada Revenue Agency (CRA), where taxpayer information was inadvertently sent to a CBC journalist. The CBC subsequently published an article containing some of this information, including names and photos of affected individuals. However, the OPC found that the Privacy Act does not apply to personal information collected, used, or disclosed by the CBC for journalistic purposes. Therefore, the complaints were deemed not well-founded as the information was excluded from the Act's application.

• Whether the CBC contravened the Privacy Act by disclosing personal information obtained from a privacy breach at the CRA.
• Whether section 69.1 of the Privacy Act, which excludes journalistic purposes from the Act's application, applied to the CBC's actions.
• Whether the CBC's use and disclosure of the personal information was for purely journalistic purposes.

A staff relations representative complained that the RCMP's disclosure of informal disciplinary records to the Crown was inconsistent with the Supreme Court’s McNeil decision. The complainant argued that only records from formal disciplinary hearings should be disclosed. The OPC agreed with the RCMP that all disciplinary records, informal or formal, may need to be disclosed if relevant to court proceedings. While the complaint was found not well-founded, the OPC recommended the RCMP reconsider its policy of retaining disciplinary records until members reach 100 years of age, which is significantly longer than other police services.

• Disclosure of informal disciplinary records to the Crown in light of the McNeil decision
• Relevance determination for disclosure of disciplinary records
• Retention period for RCMP disciplinary records

This investigation concerned a complaint that the Canada Border Services Agency (CBSA) violated the Privacy Act by requiring border services officers (BSOs) to wear name tags displaying their surnames. Complainants argued this was an unreasonable invasion of privacy and exposed them to potential harm. The Office of the Privacy Commissioner of Canada (OPC) found that while the names were personal information, they fell under an exception in the Privacy Act relating to information about an individual's position or functions within a government institution. Therefore, the requirement to display surnames on name tags did not violate the Act.

• Whether displaying surnames on name tags constitutes personal information under the Privacy Act.
• Whether displaying surnames on name tags is an unreasonable invasion of privacy.
• Whether the requirement to display surnames on name tags violates the use and disclosure provisions of the Privacy Act.
• Whether the exception for information relating to an individual's position or functions applies to surnames on name tags.

A complainant expressed concern that the online publication of her full name and date of birth in the Canada Gazette, as required by the agreement establishing the Qalipu Mi’kmaq First Nation Band, put her at risk of identity theft. The Office of the Privacy Commissioner of Canada (OPC) investigated and found that the disclosure was consistent with the Privacy Act, as the information was published for the purpose for which it was originally collected: the identification and recognition of Band members. Therefore, the complaint was not well-founded.

• Disclosure of personal information without consent
• Purpose of collection and disclosure
• Risk of identity theft

A complainant challenged Canada Post's practice of checking credit information during an online change of address request, alleging a violation of the Privacy Act. The OPC investigated and found that while Canada Post uses Equifax for identity verification, it does not conduct a credit check. Although no contravention of the Act was found regarding the information sharing itself, the OPC recommended and Canada Post implemented clearer notifications to individuals about the sharing of their personal information with Equifax for identity verification purposes.

• Whether Canada Post contravened the Privacy Act by sharing personal information with Equifax for identity verification.
• Adequacy of notice provided to individuals regarding the disclosure of personal information to Equifax.
• Canada Post's statutory authority to collect personal information for the online change of address process.

A complainant alleged that personal information about a "boat refugee" who was a wanted fugitive was disclosed by a federal institution to a National Post reporter. The OPC investigated and found that the information in question was publicly available on the INTERPOL website. Due to journalistic confidentiality, the OPC could not confirm how the reporter obtained the information, but found no evidence that any of the named federal institutions had disclosed it. The complaint was therefore not well-founded, though the OPC reminded departments of the sensitivity of refugee information.

• Whether personal information of a refugee was disclosed by a federal institution to a reporter
• The source of information published by the National Post
• The sensitivity of personal information of refugees

The Minister of Agriculture and Agri-Food Canada filed a privacy complaint against the Canadian Wheat Board (CWB) in November 2009, following media reports about an internal audit on the Permit Book process and concerns about potential improper disclosure of farmers' personal information, including Social Insurance Numbers (SINs), to third parties. The Office of the Privacy Commissioner of Canada (OPC) investigated and found that the CWB had appropriate protocols in place to safeguard personal information and that SINs were not disclosed to third parties. The OPC also found that personal data was only shared with the Canada Revenue Agency when required by law. Consequently, the complaint was dismissed as not well-founded.

• Whether the Canadian Wheat Board improperly disclosed personal information, including Social Insurance Numbers (SINs), of grain producers to third parties.
• Whether the Canadian Wheat Board complied with privacy legislation regarding the collection, use, safeguarding, and sharing of personal information.

The Office of the Privacy Commissioner of Canada investigated a complaint concerning the Public Service Commission of Canada's collection and disclosure of an individual's medical release information from the Canadian Forces. The information was used for a priority hiring program for ex-military staff. The investigation found that the complainant had consented to the collection and disclosure.

• Collection and disclosure of personal information
• Consent to collection and disclosure
• Use of personal information for priority hiring program

The Office of the Privacy Commissioner of Canada investigated a complaint from an individual who was asked to provide his driver's licence number to close his postal box with Canada Post. Canada Post stated this was necessary to prevent fraudulent activity and for investigations into illegal shipments. The OPC found Canada Post's collection of identification numbers to be reasonable and consistent with its mandate to provide secure postal services. The complaint was dismissed as not well-founded.

• Reasonableness of collecting driver's licence number for postal box closure.
• Consistency of collection with Canada Post's mandate and security requirements.
• Purpose of collecting personal information.