Canadian privacy & access decisions

A traveler complained that an airline failed to provide complete access to his personal information, specifically documents and correspondence related to being denied boarding in 2015. The airline invoked exemptions under PIPEDA, arguing the information was collected to investigate a breach of agreement or contravention of law (s.7(1)(b)) and disclosed to a government institution for law enforcement purposes (s.7(3)(c.1)(ii)). The OPC found that the collection without consent was justified under s.7(1)(b) because it was for investigating potential non-compliance with the Immigration and Refugee Protection Act, and that requiring consent would have compromised the investigation. The OPC also found the disclosure to a government institution was permissible under s.7(3)(c.1)(ii). Furthermore, the OPC determined that the airline was prohibited from providing access to the requested information under s.9(2.4) because the government institution objected to its release. Therefore, the OPC concluded that the airline properly relied on the exemptions.

• Whether the airline's collection of personal information without consent was justified under paragraph 7(1)(b) of PIPEDA
• Whether the airline's disclosure of personal information without consent was justified under subparagraph 7(3)(c.1)(ii) of PIPEDA
• Whether the airline was required to provide access to the requested personal information under Principle 4.9 of Schedule 1, given the exemptions under section 9 of PIPEDA

An individual complained that a doctor collected, used, and disclosed his personal information without consent. The complainant had been in a car accident and his insurance company hired an independent medical evaluation (IME) firm to assess his claim for catastrophic impairment. The doctor in question was hired by the IME firm to compile a summary report based on assessments from other doctors. The complainant argued he had not consented to this specific doctor, though he had consented to other doctors involved in his claim. The doctor contended that the complainant had provided consent through signed accident benefit forms (OCF-1 and OCF-19). The OPC found that the signed forms included explicit consent for health professionals to collect, use, and disclose personal information for the purpose of investigating and processing the insurance claim. The OPC concluded that the doctor's actions were within the scope of the consent provided.

• Whether the doctor collected, used, and disclosed the complainant's personal information without consent
• Whether the consent provided in OCF-1 and OCF-19 forms extended to the doctor preparing the summary report