Federal (Canada) Privacy Decisions

The Canada Revenue Agency (CRA) disclosed personal information to a third party without consent, a contravention of the Privacy Act. An employee mistakenly sent a letter containing the complainant's Social Insurance Number and details about her husband to her niece, who shares a similar name. While the CRA corrected the error and implemented measures to prevent recurrence, the Office found the complaint to be well-founded due to the failure to follow established procedures.

• Disclosure of personal information without consent
• Failure to follow internal procedures for information disclosure
• Adequacy of corrective measures

An inmate at Kent Institution complained after a 10-page National Parole Board decision concerning him was intercepted, photocopied, and circulated among other inmates. The OPC investigated and found that the disclosure violated the Privacy Act. Following the incident, Kent Institution implemented changes to its mail delivery process, including placing confidential documents in sealed envelopes.

• Unauthorized disclosure of personal information
• Adequacy of security measures for sensitive documents
• Compliance with the Privacy Act

Two prisoners complained after a report containing their personal information was found among a fellow inmate's belongings. An investigation determined that a contract worker printed the report, which was then accessible to a welding instructor. While the report was later discovered with another inmate's effects, it could not be determined how it got there. The Office of the Privacy Commissioner confirmed the privacy rights of the complainants had been breached.

• Unauthorized disclosure of personal information
• Safeguarding of personal information by staff and contractors
• Accountability for handling sensitive reports

A letter carrier complained that his supervisor had opened and read a sealed medical form submitted for a disability insurance claim. The investigation confirmed the supervisor used information from the form to challenge other medical documentation from the employee. The OPC found that the employee's personal information was used for an incompatible purpose without consent, upholding the complaint as well-founded.

• Unauthorized access to personal health information
• Use of personal information for an incompatible purpose
• Failure to ensure personal information was used only for the purpose for which it was collected

A former inmate complained after a psychiatric nurse employed by the Keele Community Correctional Centre left his treatment file on a bus. The OPC confirmed that the inmate's privacy had been breached and upheld the complaint as well-founded. The Centre, which falls under the jurisdiction of the Correctional Service of Canada, took appropriate corrective measures, including reminding the nurse of his duty to safeguard personal information and not to transport files unless encrypted.

• Duty to safeguard personal information
• Appropriate measures to prevent recurrence

A complainant alleged that Canada Post collected excessive personal information when she applied for special paid leave to care for a relative. While Canada Post argued the extensive collection was necessary to prevent fraud and ensure fair administration of leave, the OPC found that too much personal data was requested, particularly about third parties. Canada Post accepted some recommendations, agreeing to collect only necessary information and update guidelines, but maintained its collection of data on other family members working at Canada Post to prevent abuse, a practice the OPC expressed reservations about.

• Necessity of collecting personal information for special leave applications
• Collection of personal information about third parties
• Balancing fraud prevention with privacy rights

A woman complained that her Social Insurance Number (SIN) and other personal information were mishandled at a mandatory employment insurance (EI) information session. The attendance sheet containing the SINs of 32 participants went missing. The Office of the Privacy Commissioner of Canada (OPC) investigated and found that HRSDC had not properly safeguarded the personal information, upholding the complaint as well-founded. HRSDC has since implemented new procedures to protect SINs at these sessions.

• Safeguarding of SINs and other personal information
• Adequacy of breach response and mitigation measures
• Preventing future breaches involving SINs

An individual complained after Health Canada refused to provide him access to personal information collected about him during an occupational health and safety evaluation. Health Canada cited section 28 of the Privacy Act, which allows information to be withheld if disclosure would be contrary to the individual's best interests. The OPC found that the information sought was not solely related to the individual's health and therefore section 28 did not apply. The complaint was well-founded, but resolved after Health Canada agreed to release the information.

• Appropriateness of withholding personal health information under section 28 of the Privacy Act
• Scope of "physical or mental health" records for the purpose of section 28
• Requirement for consent when involving a medical professional for assessment under section 28

A veteran complained that Veterans Affairs Canada (VAC) had inappropriately used and shared his sensitive medical information in briefing notes to the Minister, and had transferred his medical file to a VAC-administered hospital without his consent. The investigation found that the briefing notes contained excessive medical details and that sensitive information was shared widely within VAC without a need-to-know. The transfer of the medical file also occurred without the required consent. The complaint was found to be well-founded.

• Inappropriate use and disclosure of sensitive medical information in briefing notes.
• Transfer of personal medical information to a hospital without consent.
• Failure to limit access to personal information on a need-to-know basis.
• Compliance with section 7 of the Privacy Act regarding use of personal information.

This investigation concerned a data spill involving 11,900 forms mailed to applicants for the Guaranteed Income Supplement. A mechanical malfunction caused some applicants to receive forms destined for other individuals, including names, addresses, and Social Insurance Numbers. Human error by the overseeing technician, who failed to use detection mechanisms and notify management, compounded the issue. The Office found the complaint well-founded and recommended that the department enhance employee awareness of their obligations to protect personal information.

• Adequacy of security safeguards for personal information
• Role of human error in compounding a mechanical defect
• Reporting obligations of employees regarding privacy breaches

A Member of Parliament complained that an employee of the Toronto Port Authority used the organization's e-mail database to invite individuals to a political fundraising event. The investigation found that an employee sent an email using personal and business addresses obtained from business cards, soliciting donations. Although recipient addresses were in the BCC field, the employee's signature block indicated they worked for the Authority, implying institutional sanction.

• Use of institutional database for personal fundraising activities
• Collection and use of personal information for non-business purposes
• Impression of institutional sanction for personal activities

The Office of the Privacy Commissioner of Canada (OPC) received 82 complaints after Human Resources and Skills Development Canada (HRSDC) inadvertently disclosed the personal information of 191 Employment Insurance (EI) claimants. The disclosed information included names, dates of birth, employee identification numbers, and Social Insurance Numbers. HRSDC took immediate steps to retrieve the data, notify affected individuals, and implement preventative measures. The OPC found 79 of the 82 complaints to be well-founded.

• Inadvertent disclosure of personal information
• Adequacy of breach response measures
• Preventing recurrence of similar breaches

This investigation was initiated following media reports that a Canada Revenue Agency (CRA) employee posted personal tax information of athletes to an Internet chat group. The OPC found that a former employee did post information, and other CRA employees inappropriately accessed the athletes' tax information out of curiosity, which constituted a breach of the Privacy Act. The CRA took corrective measures, including disciplinary action against employees and modernization of its audit trail system.

• Unauthorized access to taxpayer information by CRA employees
• Disclosure of taxpayer information to an external party
• Adequacy of CRA's corrective measures and audit systems

The Office of the Privacy Commissioner of Canada (OPC) investigated a Privacy Act complaint after media reported on the leak of a Canadian citizen's personal information from a Department of Foreign Affairs and International Trade (DFAIT) database. The investigation found that DFAIT lacked adequate controls, such as audit trails, to prevent or track unauthorized access and disclosure of the information. DFAIT agreed to implement better guidance and explore system changes to enhance security.

• Adequacy of security measures for personal information held in departmental computer systems.
• Lack of audit trail capability to track access to personal information.
• Responsibility of government institutions to protect personal information under the Privacy Act.

The Privacy Commissioner investigated a complaint regarding Canada Post's National Change of Address (NCOA) service. The complainant argued that Canada Post failed to adequately inform subscribers that their new addresses would be disclosed to third-party "mailers" (including mass marketers and direct marketers) for commercial purposes. The Commissioner found that Canada Post contravened sections 5(2) and 8 of the Privacy Act by not clearly identifying this purpose of disclosure and by failing to obtain the necessary consent from individuals.

• Adequacy of information provided to NCOA service subscribers regarding disclosure of new addresses to third parties.
• Whether consent obtained for NCOA service implicitly includes consent for disclosure to mass marketers and direct marketers.
• Canada Post's use of "negative consent" (opt-out) versus "positive consent" (opt-in) for disclosure of personal information.