Federal (Canada) Privacy Decisions

The Office of the Privacy Commissioner of Canada (OPC) investigated complaints against Profile Technology Ltd. (Profile Technology), a New Zealand-based company, for copying and using personal information from Facebook profiles without consent. The OPC found that Profile Technology's website was not merely a search engine but a social networking site, and that the information was not "publicly available" under PIPEDA. The company's practice of repurposing outdated Facebook data without consent or consideration for privacy settings was deemed inappropriate. Additionally, Profile Technology was found to be retaining help desk ticket information longer than necessary. The OPC concluded that Profile Technology contravened PIPEDA by using and disclosing personal information for purposes not appropriate in the circumstances and without consent.

• Jurisdiction over a foreign-based organization
• Definition of "publicly available" information under PIPEDA
• Requirement for consent for collection and use of personal information
• Appropriateness of purposes for using personal information