Federal (Canada) Privacy Decisions

Browse privacy decisions from Federal (Canada) — with AI-generated plain-language summaries for every ruling.

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Jurisdiction

Federal (Canada)Ontario British Columbia Alberta Saskatchewan Manitoba Quebec Nova Scotia New Brunswick Prince Edward Island Newfoundland and Labrador

Governing law

ATIA CASL PIPEDA Privacy Act

Outcome

OIC Order (ATIA s.36.1, binding)Well-founded Well-founded & resolved Well-founded & conditionally resolved Well-founded & unresolved Not well-founded Action warranted s.6.1 Application Granted (refusal authorized)s.6.1 Application Denied (must respond)Settled Resolved Early-resolved Discontinued Withdrawn Declined to investigate No jurisdiction

Decision Type

Systemic Investigations

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Federal (Canada)Privacy ActWell-founded

Jan 31, 2020· Indexed Apr 12, 2026

ESDC’s usage of images obtained through video surveillance for a fact finding exercise to monitor an employee’s departure is not compliant with the Privacy Act

Employment and Social Development Canada (ESDC)

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint that Employment and Social Development Canada (ESDC) improperly used video surveillance footage to monitor an employee's departure times. The OPC found that ESDC's use of the footage for this purpose was not consistent with the stated security collection purpose and that employees were not adequately informed about the camera usage. ESDC agreed to implement a clear policy on video surveillance use and inform individuals about collection purposes.

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Outcome Notes

Federal rulings come from two regulators with different statutory authority — outcome filters cover both.

OIC Order (ATIA s.36.1, binding) — Since June 2019 (Bill C-58) the Information Commissioner can issue binding orders requiring disclosure or reconsideration. Enforceable after 31/41 business days unless reviewed by the Federal Court (s.41).

Well-Founded — finding that the complaint is well-founded. For OIC: ATIA s.37(1)(a) finding (may be paired with a s.36.1 order). For OPC: Privacy Act s.35(1) / PIPEDA s.13(1) advisory finding — recommendations only, no binding order-making power.

Not Well-Founded — no contravention found.

s.6.1 Application— the OIC's response to a head's application for authorization to refuse a frivolous, vexatious, or bad-faith access request. Granted = institution may refuse; Denied = institution must respond.

Settled / Resolved / Early-resolved — OPC matter resolved during or before formal findings without a contravention finding.

Declined to investigate / No jurisdiction — Procedural close (Privacy Act s.34, PIPEDA discretion, or scope outside the Acts).

References: ATIA s.36.1 · OPC disposition definitions

About This Archive

Breach of Privacy archives Canadian privacy decisions from federal, provincial, and territorial commissioners. Each decision includes an AI-generated plain-language summary. Always verify against the official source document.

Federal (Canada) Privacy Decisions

ESDC’s usage of images obtained through video surveillance for a fact finding exercise to monitor an employee’s departure is not compliant with the Privacy Act

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ESDC’s usage of images obtained through video surveillance for a fact finding exercise to monitor an employee’s departure is not compliant with the Privacy Act

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