Federal (Canada) privacy & access decisions

A complainant alleged that his financial institution improperly disclosed his personal information, specifically RESP account details from 1999, to a municipal police service. The financial institution claimed the disclosure was made under a production order or, alternatively, with the complainant's consent via its privacy policy. The OPC found that the disclosed 1999 RESP information fell outside the scope of the production order, which specified a different date range and nature of information. The OPC also rejected the financial institution's argument of consent, stating that the privacy policy's general language was insufficient for informed consent, especially for sensitive financial information. The financial institution agreed to review its procedures and provide training to ensure compliance with production orders. The complaint was found to be well-founded and resolved.

• Whether the disclosure of RESP account information from 1999 was justified under paragraph 7(3)(c) of PIPEDA as being required by a production order
• Whether the financial institution could rely on the complainant's consent, as stipulated in its privacy policy, for the disclosure of personal information to law enforcement
• Whether the RESP account information constituted sensitive personal information

A complainant alleged that a company selling "home history reports" collected, used, and disclosed personal information without consent, specifically sales history, drug activity, and insurance claims. The OPC found that sales history was no longer included in reports and insurance claims information, as clarified by the respondent, related to property damage paid to third parties, not individuals, thus not constituting personal information. However, information about drug activity was deemed personal information because it could be linked to identifiable individuals and suggested their involvement in drug activity. The OPC concluded that this drug activity information was not "publicly available" under PIPEDA Regulations, requiring consent for its use. The respondent agreed to cease including drug activity details in its reports, leading to a well-founded and resolved outcome.

• Whether sales history information constituted personal information and was collected, used, or disclosed without consent
• Whether insurance claims information constituted personal information
• Whether drug activity information constituted personal information
• Whether drug activity information was "publicly available" under the Regulations Specifying Publicly Available Information
• Whether the respondent obtained adequate consent for the collection, use, and disclosure of personal information

A complainant alleged that a financial institution refused to respond to his access to personal information request related to a disputed credit card transaction. Initially, the financial institution withheld documents, claiming they contained confidential commercial information under PIPEDA s.9(3)(b). The OPC found this exemption was inappropriately applied and that the financial institution failed to respond within the statutory 30-day timeframe. Following the OPC's preliminary report, the financial institution provided further clarification, leading the OPC to determine that the information in question was not the complainant's personal information and was correctly redacted under s.9(1) as third-party information. Although the complainant eventually received all personal information he was entitled to, the OPC criticized the financial institution's delay and initial misuse of the exemption. The complaint was found to be well-founded and resolved.

• Whether the financial institution responded to the access request within the 30-day time limit required by PIPEDA s.8(3)
• Whether the financial institution sent a notice of extension within 30 days of the request as required by PIPEDA s.8(4)
• Whether the financial institution appropriately applied the confidential commercial information exemption under PIPEDA s.9(3)(b) to withhold documents
• Whether the withheld information constituted the complainant's personal information
• Whether the information was properly redacted as third-party information under PIPEDA s.9(1)