Federal (Canada) Privacy Decisions

Two prisoners complained after a report containing their personal information was found among a fellow inmate's belongings. An investigation determined that a contract worker printed the report, which was then accessible to a welding instructor. While the report was later discovered with another inmate's effects, it could not be determined how it got there. The Office of the Privacy Commissioner confirmed the privacy rights of the complainants had been breached.

• Unauthorized disclosure of personal information
• Safeguarding of personal information by staff and contractors
• Accountability for handling sensitive reports

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.

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.

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 concerning the Public Service Commission of Canada's collection and disclosure of an individual's medical release information from the Canadian Forces. The information was used for a priority hiring program for ex-military staff. The investigation found that the complainant had consented to the collection and disclosure.

• Collection and disclosure of personal information
• Consent to collection and disclosure
• Use of personal information for priority hiring program

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 letter carrier complained that his supervisor had opened and read a sealed medical form submitted for a disability insurance claim. The investigation confirmed the supervisor used information from the form to challenge other medical documentation from the employee. The OPC found that the employee's personal information was used for an incompatible purpose without consent, upholding the complaint as well-founded.

• Unauthorized access to personal health information
• Use of personal information for an incompatible purpose
• Failure to ensure personal information was used only for the purpose for which it was collected

A complainant alleged that Canada Post collected excessive personal information when she applied for special paid leave to care for a relative. While Canada Post argued the extensive collection was necessary to prevent fraud and ensure fair administration of leave, the OPC found that too much personal data was requested, particularly about third parties. Canada Post accepted some recommendations, agreeing to collect only necessary information and update guidelines, but maintained its collection of data on other family members working at Canada Post to prevent abuse, a practice the OPC expressed reservations about.

• Necessity of collecting personal information for special leave applications
• Collection of personal information about third parties
• Balancing fraud prevention with privacy rights

A complainant alleged that a market research firm unnecessarily collected her full date of birth and did not adequately inform her that survey responses would be added to her member profile. The Office of the Privacy Commissioner of Canada (OPC) found that collecting the full date of birth was not necessary and recommended collecting only the month and year. The OPC also found that the firm failed to adequately inform participants that their survey responses would be linked to their profiles. While the firm agreed to clarify consent language, it refused to stop collecting or using the day of birth, leading the OPC to find the complaint well-founded but partially unresolved.

• Necessity of collecting full date of birth for market research demographics
• Necessity of confirming full date of birth in profiling surveys
• Adequacy of notice and consent regarding the linking of survey responses to member profiles

A veteran complained that Veterans Affairs Canada (VAC) had inappropriately used and shared his sensitive medical information in briefing notes to the Minister, and had transferred his medical file to a VAC-administered hospital without his consent. The investigation found that the briefing notes contained excessive medical details and that sensitive information was shared widely within VAC without a need-to-know. The transfer of the medical file also occurred without the required consent. The complaint was found to be well-founded.

• Inappropriate use and disclosure of sensitive medical information in briefing notes.
• Transfer of personal medical information to a hospital without consent.
• Failure to limit access to personal information on a need-to-know basis.
• Compliance with section 7 of the Privacy Act regarding use of personal information.

This investigation concerned a data spill involving 11,900 forms mailed to applicants for the Guaranteed Income Supplement. A mechanical malfunction caused some applicants to receive forms destined for other individuals, including names, addresses, and Social Insurance Numbers. Human error by the overseeing technician, who failed to use detection mechanisms and notify management, compounded the issue. The Office found the complaint well-founded and recommended that the department enhance employee awareness of their obligations to protect personal information.

• Adequacy of security safeguards for personal information
• Role of human error in compounding a mechanical defect
• Reporting obligations of employees regarding privacy breaches

A public servant complained that Public Works and Government Services Canada (PWGSC) failed to provide her with access to her personal information, collected during an investigation under the Public Servants Disclosure Protection Act. Although the investigation completely exonerated her, she was not informed of this outcome. The Office found that while PWGSC correctly applied section 22.3 of the Privacy Act to refuse disclosure, it urged the department to inform subjects when allegations are unsubstantiated. The Commissioner also asked the Treasury Board Secretariat to develop mechanisms for departments to inform individuals of unsubstantiated allegations.

• Access to personal information collected during a whistleblower investigation
• Application of section 22.3 of the Privacy Act
• Obligation to inform individuals when allegations of wrongdoing are unsubstantiated

This investigation concerned the handling of personal information collected by the RCMP's Canadian Firearms Program and used by EKOS Research Associates Inc. to survey firearms licensees. The OPC found that the RCMP was authorized to collect the information for program administration and that its use for a client-satisfaction survey was consistent with the original purpose. The RCMP also complied with the Act in providing data to EKOS, as the contract included strong confidentiality provisions. As a result, the complaint was not well-founded.

• Lawful collection of personal information for program administration
• Use of personal information for client-satisfaction surveys
• Compliance with contractual confidentiality and security provisions
• Adequacy of privacy impact assessments

The Office of the Privacy Commissioner of Canada (OPC) received 82 complaints after Human Resources and Skills Development Canada (HRSDC) inadvertently disclosed the personal information of 191 Employment Insurance (EI) claimants. The disclosed information included names, dates of birth, employee identification numbers, and Social Insurance Numbers. HRSDC took immediate steps to retrieve the data, notify affected individuals, and implement preventative measures. The OPC found 79 of the 82 complaints to be well-founded.

• Inadvertent disclosure of personal information
• Adequacy of breach response measures
• Preventing recurrence of similar breaches

An individual complained that the Canada Border Services Agency (CBSA) improperly collected personal information from his blog after his term position ended. The complainant posted information on the internet for public consumption. The investigation found that some CBSA employees had viewed the blog from government computers in a personal capacity, which was deemed to accord with the government's Acceptable Use Policy. The investigation found no evidence that the CBSA had collected personal information in connection with these visits.

• Whether the CBSA collected personal information from an individual's public blog.
• Whether employee access to the blog from government computers was in accordance with policy.