Federal (Canada) Privacy Decisions

The Office of the Privacy Commissioner (OPC) investigated two complaints against the Parole Board of Canada (PBC) concerning access to record suspension information. The OPC found that the PBC improperly refused to process access requests submitted by a third-party screening company and also improperly required requesters to provide excessive identification information. The OPC concluded that the PBC's reliance on paragraph 22(1)(b) of the Privacy Act was not justified in most cases, and its identification requirements went beyond what was necessary.

• Can a requester ask to confirm that no personal information exists?
• Is paragraph 22(1)(b) of the Privacy Act properly applied to refuse access requests for record suspension information?
• Are the PBC's identification requirements for processing requests excessive?

The OPC investigated two complaints regarding the Canada Border Services Agency's (CBSA) participation in the TV show "Border Security: Canada's Front Line". The investigation focused on a complaint filed by the British Columbia Civil Liberties Association on behalf of an individual filmed during a CBSA enforcement activity. The OPC found that the CBSA's participation and disclosure of personal information to the production company, Force Four, violated sections 4 and 8 of the Privacy Act due to issues with informed consent and improper disclosure of information. The OPC recommended the CBSA cease its participation in the TV program, which the CBSA accepted.

• Validity of consent obtained for filming and disclosure of personal information
• CBSA's ability to contract out of Privacy Act obligations
• Adequacy of facial blurring to protect identity
• Disclosure of information about an intended subject prior to filming

A complainant expressed concerns that personal taxpayer information held by Mobilshred Inc. under contract with the Canada Revenue Agency (CRA) could be accessed by US authorities under the USA PATRIOT Act, due to Mobilshred's perceived US affiliation. The OPC investigated whether the CRA had adequately safeguarded this information. The investigation determined that Mobilshred Inc. is a Canadian company, and the contract explicitly requires all stored paper records to remain physically within Canada. Therefore, the CRA took adequate measures to prevent unauthorized disclosure.

• Potential for US authorities to access Canadian taxpayer information stored by a contractor under the USA PATRIOT Act.
• Whether the Canada Revenue Agency adequately safeguarded personal information entrusted to a third-party contractor.
• The corporate structure and operational location of Mobilshred Inc. and its parent company, Recall.

Canada Post's collection of electronic signatures for mail tracking was investigated following a complaint. The OPC found that Canada Post's collection, use, and disclosure of signatures for tracking purposes complied with the Privacy Act, as it was consistent with the original purpose of collection and a permitted disclosure under paragraph 8(2)(a) of the Act. However, the OPC identified shortcomings in the security and privacy controls of Canada Post's online tracking website and made recommendations for improvement, which Canada Post accepted.

• Adequacy of notice provided to individuals regarding the collection, use, and disclosure of their electronic signatures.
• Compliance with the Privacy Act regarding the collection, use, and disclosure of personal information.
• Adequacy of security and privacy controls for digitized signatures displayed on Canada Post's online tracking website.