Federal (Canada) privacy & access decisions

The Office of the Privacy Commissioner of Canada (OPC) initiated a complaint against Wajam Internet Technologies Inc., an adware developer, regarding its software's installation, consent, uninstallation, and data handling practices. The software, Wajam or Social2Search, tracked online search queries, overlaid social media results, and displayed contextual ads. The OPC investigated whether Wajam obtained meaningful consent for installation, allowed users to withdraw consent, and adequately safeguarded personal information. The investigation found that Wajam lacked a privacy accountability framework, failed to obtain meaningful consent due to problematic third-party distribution methods and misleading information, indefinitely retained unencrypted raw user data, and had insufficient safeguards. All examined matters related to accountability, consent, limiting retention, safeguards, and openness were found to be well-founded. Wajam, having sold its assets to a Hong Kong-based company, IMTL, claimed it was unable to implement the OPC's recommendations, though it agreed to securely destroy Canadian user data. The OPC requested Wajam provide the report to IMTL and stated it would monitor the situation and engage international counterparts.

• Whether Wajam Internet Technologies Inc. had an adequate privacy accountability framework in place (Principle 4.1.4 PIPEDA)
• Whether Wajam obtained meaningful consent from individuals for the installation and operation of its software (Principle 4.3, 4.3.2, 4.3.5 PIPEDA, s.6.1 PIPEDA)
• Whether Wajam's third-party distribution model ensured meaningful consent for software installation
• Whether Wajam's multiple-offer consent screens provided sufficient information for meaningful consent
• Whether the information provided by Wajam about its software's functionality and privacy practices was accurate and complete (Principle 4.2, 4.3.2, 4.3.5 PIPEDA)
• Whether Wajam permitted users to withdraw consent by making it difficult to uninstall its software (Principle 4.3.8 PIPEDA)
• Whether Wajam was responsible for unsolicited ads and fake offers presented during the uninstallation process (Principle 4.3 PIPEDA)
• Whether Wajam limited the retention of personal information to only as long as necessary for identified purposes (Principle 4.5, 4.5.2 PIPEDA)
• Whether Wajam was open about its policies and practices relating to the management of personal information (Principle 4.8 PIPEDA)
• Whether Wajam adequately safeguarded users' personal information against loss, theft, or unauthorized access, including during transmission and storage (Principle 4.7.1, 4.7.2, 4.7.3 PIPEDA)

The complainant alleged that Jet Airways failed to provide complete access to her personal information related to an incident where she and her companion were removed from a flight. Jet Airways initially failed to respond to the access request within the 30-day timeframe, citing potential litigation and staff medical leave. While Jet Airways eventually provided the Passenger Name Record, it withheld other documents, claiming solicitor-client privilege (including litigation privilege) and that the information was generated during a formal dispute resolution process. The OPC found that Jet Airways contravened its obligations regarding timely response and proper policies for handling access requests and applying exemptions. However, due to binding court decisions, the OPC could not make a finding on the specific application of solicitor-client/litigation privilege to the withheld documents, leading to an impasse on that issue. The OPC recommended that Jet Airways implement proper access request procedures and review its policies for applying exemptions.

• Whether Jet Airways responded to the access request within the prescribed 30-day time period under subsection 8(3) of PIPEDA
• Whether Jet Airways had appropriate policies and practices to give effect to Principle 4.1.4 of Schedule 1 of PIPEDA
• Whether the withheld information was protected by solicitor-client privilege or litigation privilege under paragraph 9(3)(a) of PIPEDA
• Whether the withheld information was generated in the course of a formal dispute resolution process under paragraph 9(3)(d) of PIPEDA

The Office of the Privacy Commissioner of Canada (OPC) investigated complaints against Public Executions Inc., operator of publicexecutions.ca, a website that published personal information of judgment debtors for a fee. Complainants alleged their privacy rights under PIPEDA were breached by the website's practice of "naming and shaming" them into paying debts. The website owner argued PIPEDA did not apply, claiming it was not a commercial activity, was exempt as journalism, and that disclosures were permitted for debt collection. The OPC found that the website's fee-based service constituted a commercial activity under PIPEDA. It rejected the journalistic exemption, noting the lack of original production and journalistic discipline. The OPC concluded that broadly publicizing debtor information for financial gain and coercion was not an appropriate purpose under subsection 5(3) of PIPEDA, especially given existing legal mechanisms and regulations for debt collection. Furthermore, the OPC clarified that paragraph 7(3)(b) of PIPEDA, which allows disclosure for debt collection, does not permit indiscriminate disclosure to the public. Initially, the complaint was found well-founded and unresolved, as the website owner refused to comply with recommendations. However, after the OPC initiated Federal Court proceedings, the website was taken down, leading the OPC to discontinue its application.

• Whether the website's activities constituted "commercial activity" under paragraph 4(1)(a) of PIPEDA.
• Whether the website qualified for the "journalistic purposes" exemption under paragraph 4(2)(c) of PIPEDA.
• Whether the collection, use, and disclosure of personal information by the website was for purposes that a reasonable person would consider "appropriate in the circumstances" under subsection 5(3) of PIPEDA.
• Whether the disclosure of personal information was permitted without consent for the purpose of collecting a debt under paragraph 7(3)(b) of PIPEDA.