Federal (Canada) Privacy Decisions

The Office of the Privacy Commissioner of Canada investigated Wajam Internet Technologies Inc. after receiving complaints about its software, which tracked online search queries and displayed ads. The investigation found that Wajam breached multiple provisions of PIPEDA, including failing to obtain meaningful consent, inadequately safeguarding personal information, and having insufficient accountability policies. Although Wajam ceased operations and sold its assets, the OPC concluded the matters examined were well-founded.

• Meaningful consent for software installation and data collection.
• Adequate safeguarding of personal information during transmission and storage.
• Effectiveness of uninstallation processes and withdrawal of consent.
• Lack of a privacy accountability framework and policies.

A complainant alleged that Jet Airways did not provide complete access to her personal information following an incident where she and her companion were denied boarding. The airline cited solicitor-client privilege, litigation privilege, and formal dispute resolution processes as reasons for withholding certain documents. The OPC found the complaint well-founded regarding the airline's failure to respond within the statutory timeframe and its improper application of the formal dispute resolution exemption. However, the OPC could not make a finding on the privilege claims due to legal precedents limiting its ability to investigate privileged documents.

• Timeliness of response to access request
• Applicability of solicitor-client and litigation privilege exemptions
• Applicability of formal dispute resolution exemption
• Overbroad claims of privilege

The OPC investigated a complaint that Public Executions Inc. was disclosing debtors' personal information without consent on its website for profit. The OPC found that the website's activities constituted a commercial activity under PIPEDA, and that its primary purpose was not journalistic, but rather to shame debtors into paying. The OPC determined the complaint was well-founded, leading to legal proceedings. Subsequently, the website was taken down, and the OPC discontinued its court application.

• Whether the website's operation constituted a 'commercial activity' under PIPEDA.
• Whether the website's purpose qualified as 'journalistic' and was therefore exempt from PIPEDA's consent requirements.
• Whether the disclosure of personal information for the purpose of shaming debtors into paying was an 'appropriate purpose' under PIPEDA.
• Whether section 7(3)(b) of PIPEDA permitted the broad disclosure of judgment debtor information.