Federal (Canada) Privacy Decisions

A complainant challenged Canada Post's practice of checking credit information during an online change of address request, alleging a violation of the Privacy Act. The OPC investigated and found that while Canada Post uses Equifax for identity verification, it does not conduct a credit check. Although no contravention of the Act was found regarding the information sharing itself, the OPC recommended and Canada Post implemented clearer notifications to individuals about the sharing of their personal information with Equifax for identity verification purposes.

• Whether Canada Post contravened the Privacy Act by sharing personal information with Equifax for identity verification.
• Adequacy of notice provided to individuals regarding the disclosure of personal information to Equifax.
• Canada Post's statutory authority to collect personal information for the online change of address process.

An individual complained that Veterans Affairs improperly collected his personal information by searching for and disclosing a URL linking to a Google group discussion page containing his email address and personal opinions. The OPC found that while the information was publicly available, its collection by Veterans Affairs did not relate directly to an operating program or activity of the institution, violating the Privacy Act. The complaint was well-founded, and Veterans Affairs apologized and deleted the email.

• Whether the collection of a URL linking to publicly available personal information relates directly to an operating program or activity of a federal institution.
• The distinction between the use/disclosure of publicly available information and its collection under the Privacy Act.

The adult children of a deceased veteran complained to the OPC after Veterans Affairs Canada refused to release their father's pension file. The Department argued the Pension Act required it to withhold the information for 20 years after death and that the children were not beneficiaries. The OPC found that the children, acting for the estate, were entitled to access the file under the Privacy Act's Regulations to administer the estate, and that the Department's reasoning was not reasonable. Veterans Affairs subsequently released the file.

• Right of access to personal information in a deceased individual's file by the estate administrator.
• Interpretation of the Privacy Act's Regulations regarding access to files for estate administration.
• Whether the Pension Act superseded the Privacy Act's access provisions in this context.

A complainant alleged that personal information about a "boat refugee" who was a wanted fugitive was disclosed by a federal institution to a National Post reporter. The OPC investigated and found that the information in question was publicly available on the INTERPOL website. Due to journalistic confidentiality, the OPC could not confirm how the reporter obtained the information, but found no evidence that any of the named federal institutions had disclosed it. The complaint was therefore not well-founded, though the OPC reminded departments of the sensitivity of refugee information.

• Whether personal information of a refugee was disclosed by a federal institution to a reporter
• The source of information published by the National Post
• The sensitivity of personal information of refugees

A Canadian woman complained that her personal information, including her Social Insurance Number and tax assessment, was disclosed to a foreign national without her consent when he applied for a work permit. The information was sent by her MP to the Canadian High Commission in Dhaka. The High Commission returned all documents, including the woman's, to the applicant, who then allegedly shared them with others. The Office of the Privacy Commissioner of Canada found the complaint well-founded, noting that Citizenship and Immigration Canada acknowledged the lack of consent and that the disclosure should not have occurred.

• Disclosure of personal information without consent
• Adequacy of safeguards to prevent unauthorized disclosure
• Jurisdiction over foreign missions

An inmate at a federal penitentiary complained that the Correctional Service of Canada contravened the Privacy Act by openly posting his and other inmates' medical appointment details, including names and offender numbers, to the general penitentiary population. The institution acknowledged the breach and agreed to cease posting lists, opting instead for individual notifications. However, they did not accept the recommendation to use only partial offender numbers for individual notifications.

• Disclosure of personal information (medical appointment details)
• Adequacy of corrective measures

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint from a woman who alleged her personal information regarding a drug scan during a prison visit was inappropriately disclosed. The OPC found that the Correctional Service of Canada (CSC) failed to adequately investigate the disclosure, which resulted in the woman's ex-husband restricting access to their children. The OPC determined that CSC employees had disclosed the information, but could not identify the source or specific individuals involved. The complaint was upheld as well-founded due to the improper disclosure and CSC's inadequate handling of the issue.

• Inappropriate disclosure of personal information
• Adequacy of investigation into the disclosure
• Responsibility of the institution for unauthorized access and disclosure

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

The RCMP was investigated after a complainant alleged that a staff sergeant inappropriately disclosed that he was a suspect in a murder investigation at a community meeting. The Sergeant identified the man as a "person of interest" and stated he declined a polygraph test. While the RCMP believed the complainant had consented to the discussion due to his attendance at the meeting and assurances from group representatives, the OPC found the RCMP had erred in presuming consent. The onus was on the RCMP to actively obtain consent.

• Did the RCMP staff sergeant inappropriately disclose the complainant's status as a "person of interest" in a murder investigation at a community meeting?
• Did the complainant consent to the disclosure of his personal information by the RCMP staff sergeant?
• Was the disclosure of personal information reasonable and for a purpose authorized by the Privacy Act?

This investigation concerned a complaint that Veterans Affairs Canada (VAC) improperly disclosed the severity of a serving member of the Canadian Forces' disability pension to the Department of National Defence (DND). This disclosure, which included the exact percentage of the disability pension, was made without the veteran's consent and was not necessary for his medical treatment. The investigation found that the disclosure was not deliberate and did not meet the criteria for the "public interest" exemption under the Privacy Act. The complaint was upheld as well-founded, and VAC implemented recommendations to improve its policies and training on information sharing.

• Unauthorized disclosure of personal information (disability pension percentage)
• Applicability of the "public interest" exemption under the Privacy Act
• Compliance with internal policies and agreements for information sharing between government departments

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 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

The Minister of Agriculture and Agri-Food Canada filed a privacy complaint against the Canadian Wheat Board (CWB) in November 2009, following media reports about an internal audit on the Permit Book process and concerns about potential improper disclosure of farmers' personal information, including Social Insurance Numbers (SINs), to third parties. The Office of the Privacy Commissioner of Canada (OPC) investigated and found that the CWB had appropriate protocols in place to safeguard personal information and that SINs were not disclosed to third parties. The OPC also found that personal data was only shared with the Canada Revenue Agency when required by law. Consequently, the complaint was dismissed as not well-founded.

• Whether the Canadian Wheat Board improperly disclosed personal information, including Social Insurance Numbers (SINs), of grain producers to third parties.
• Whether the Canadian Wheat Board complied with privacy legislation regarding the collection, use, safeguarding, and sharing of personal information.

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

The Office of the Privacy Commissioner of Canada investigated a complaint from an individual who was asked to provide his driver's licence number to close his postal box with Canada Post. Canada Post stated this was necessary to prevent fraudulent activity and for investigations into illegal shipments. The OPC found Canada Post's collection of identification numbers to be reasonable and consistent with its mandate to provide secure postal services. The complaint was dismissed as not well-founded.

• Reasonableness of collecting driver's licence number for postal box closure.
• Consistency of collection with Canada Post's mandate and security requirements.
• Purpose of collecting personal information.