Federal (Canada) Privacy Decisions

The complainant alleged an insurance company refused to provide her with access to her personal information, including a recording of a telephone conversation, and documents related to her complaint to the company's ombudsman office. The company claimed the ombudsman process was a "formal dispute resolution process" exempt from PIPEDA and that the process was not a "commercial activity." The OPC found the company contravened PIPEDA by unduly delaying access to the recorded conversation and by incorrectly withholding documents from the ombudsman process. The OPC determined the ombudsman office was not a "formal dispute resolution process" and its activities were subject to PIPEDA.

• Is an internal ombudsman office a "formal dispute resolution process" under PIPEDA?
• Are the services of an internal ombudsman office considered "commercial activity" under PIPEDA?
• Does an organization need spousal consent to release joint account information when third-party information can be severed?
• What are the obligations of an organization responding to an access to information request under PIPEDA?

An individual complained that a collection agency refused to provide access to their personal information, despite multiple written requests. The agency failed to respond to several of these requests within the timeframes required by PIPEDA. Although the agency eventually sent the information, and the individual refused to sign for it, the agency was deemed to have provided access. The agency acknowledged it did not follow its own procedures for handling access requests and committed to revising them and providing refresher training.

• Timeliness of response to access requests
• Failure to follow internal procedures for handling access requests
• Adequacy of providing access to personal information

The OPC investigated a complaint concerning a cable provider that posted a list of customers with overdue accounts on a public Facebook page. The provider believed this was permissible, citing municipal practices of publishing names of those in property tax arrears. The OPC clarified that while PIPEDA permits disclosure of information for debt collection purposes to third parties, it does not authorize public dissemination without consent.

• Public dissemination of personal information for debt collection
• Application of PIPEDA's debt collection exemption
• Comparison of debt collection practices with municipal tax arrears publications

A customer complained that a retail store employee disclosed his personal information, including his name and in-store behaviour, to his employer without his knowledge or consent. The Office found that the disclosed information was personal information and that the store could not rely on implied consent for the disclosure, as the information was sensitive and disclosure to an employer was not a reasonable expectation. The matter was resolved after the store implemented recommendations to communicate its PIPEDA obligations.

• Whether information disclosed in a public store is personal information.
• Whether implied consent applied to the disclosure of sensitive personal information to an employer.
• Whether the disclosed information qualified as publicly available information under the regulations.