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Vaccine mandates for entry into Canada
The Office of the Privacy Commissioner of Canada (OPC) investigated complaints regarding the collection, use, retention, and disclosure of personal information, including vaccination status, by the Public Health Agency of Canada (PHAC) and Canada Border Services Agency (CBSA) under Emergency Orders for entry into Canada during the COVID-19 pandemic. Complainants argued the measures were unlawful, unnecessary, and disproportionate. The OPC found that the collection of personal information was directly related to an operating program or activity of PHAC and CBSA, and its use and disclosure were for the purpose collected or consistent with it, or authorized by an Act of Parliament. The OPC also determined that the retention and disposal of information complied with the Privacy Act and related regulations. While necessity and proportionality are not explicit requirements of the Privacy Act, the OPC assessed these principles and found the collection overall to be necessary and proportional. However, the OPC identified gaps in PHAC's assessment and documentation of less privacy-intrusive alternatives and clarity of objectives in the final six months of the Orders. All complaints alleging contraventions of the Privacy Act were found to be not well-founded.