Federal (Canada) Privacy Decisions

The Office of the Privacy Commissioner investigated a website that was broadcasting live audio from cellular telephones onto the internet. The investigation was discontinued after the Internet Service Provider shut down the Ottawa-based website due to bandwidth issues. The website had moved to a server in New York under new management.

• Unauthorized interception and broadcasting of private cell phone conversations
• Privacy implications of using scanners to capture cellular traffic
• Responsibility of Internet Service Providers for content hosted on their networks

The federal Privacy Commissioner investigated a complaint regarding a security company's installation of street surveillance cameras. The Commissioner found that live video feeds of individuals constituted personal information under PIPEDA and that collecting this information for commercial purposes without consent was unlawful. The company was informed that its intended public video surveillance for commercial purposes is not compliant with privacy laws.

• Definition of personal information under PIPEDA (specifically regarding live video feeds)
• Application of PIPEDA to commercial activities
• Consent requirements for collecting personal information
• Lawfulness of private sector surveillance in public spaces

The OPC investigated a complaint concerning a transportation company's practice of collecting passengers' dates of birth and citizenship for the Toronto-to-New York route and disclosing this information to U.S. Customs. The company confirmed this practice, which began in 2000, was an agreement with U.S. border agencies to minimize delays. The OPC determined that sales agents misrepresented the collection of this information as mandatory.

• Collection of personal information without adequate notice or consent
• Disclosure of personal information to a third party (U.S. Customs)
• Misrepresentation of information collection as mandatory