Federal (Canada) Privacy Decisions

An individual complained that a sports facilities company disclosed his personal information regarding an outstanding debt to a related sports association on two occasions without his consent. The company argued that PIPEDA did not apply because it answered a direct question and there was an expectation of privacy. The OPC found that disclosing debt information is sensitive and requires consent unless a specific exemption applies. As the disclosures were not for the purpose of collecting the debt, the exemption in subsection 7(3)(b) of PIPEDA did not apply, making the complaint well-founded.

• Was the disclosure of an outstanding debt considered personal information?
• Did the disclosure of debt information fall under the exemption for debt collection purposes?
• Does an 'expectation of privacy' or answering a direct question exempt an organization from obtaining consent for disclosure?
• Did the company obtain the individual's knowledge and consent for the disclosure of his debt information?