Canadian privacy & access decisions

A military officer complained that the Department of National Defence (DND) inappropriately disclosed his personal medical information to the Department of Justice (DOJ), and that the DOJ inappropriately collected it, for litigation purposes. The complainant had initiated a lawsuit against DND, naming the Attorney General of Canada as respondent. DND disclosed the information, including physical and mental health files, to the DOJ in response to a document collection order for defending against the lawsuit. The OPC found that both the collection by DOJ and disclosure by DND were permissible under the Privacy Act, specifically paragraph 8(2)(d), as the disclosure was to the Attorney General for use in legal proceedings involving the Government of Canada. The OPC also noted that the Act makes no distinction based on the sensitivity of personal information and that doctor-patient confidentiality is not a general privilege in Canadian law. Both complaints were found to be not well-founded.

• Whether the collection of the complainant's personal medical information by the DOJ from the DND contravened the Privacy Act
• Whether the disclosure of the complainant's personal medical information by the DND to the DOJ contravened the Privacy Act
• Whether the collection by DOJ related directly to an operating program or activity of the institution under s.4 of the Privacy Act
• Whether the collection by DOJ was permissible under s.5(1) of the Privacy Act given the disclosure under s.8(2)(d)
• Whether the disclosure by DND was to the Attorney General of Canada under s.8(2)(d) of the Privacy Act
• Whether the disclosure by DND was for use in legal proceedings involving the Crown in right of Canada or the Government of Canada under s.8(2)(d) of the Privacy Act
• Whether the sensitivity of medical information impacts the permissibility of disclosure under the Privacy Act
• Whether doctor-patient confidentiality prevents disclosure under the Privacy Act for litigation purposes
• Whether the safeguarding measures for the disclosed information were adequate

The complainant alleged that TransUnion disclosed his credit file information to Statistics Canada without consent, and that this information was subsequently used for debt collection. TransUnion argued that it was authorized to disclose the information under PIPEDA paragraph 7(3)(i) because the disclosure was required by law, specifically section 13 of the Statistics Act. The OPC found that TransUnion was authorized to disclose the information under PIPEDA subparagraph 7(3)(c.1)(iii), as Statistics Canada had identified its lawful authority and the disclosure was for administering the Statistics Act. The OPC also found no evidence that Statistics Canada disclosed the complainant's information for debt collection purposes. Therefore, the complaint was deemed not well-founded.

• Whether TransUnion disclosed the complainant's credit file information to Statistics Canada without requisite consent
• Whether TransUnion was authorized to disclose personal information without consent under PIPEDA subparagraph 7(3)(c.1)(iii)
• Whether Statistics Canada identified its lawful authority to obtain the information
• Whether the disclosure was requested to administer a law of Canada (the Statistics Act)
• Whether Statistics Canada subsequently disclosed the complainant's credit file information to other government institutions for debt collection
• Whether there was sufficient evidence to support the allegation of information misuse for debt collection

The Office of the Privacy Commissioner of Canada (OPC) investigated over a hundred complaints against Statistics Canada concerning its Credit Information Project and Financial Transactions Project. These initiatives involved collecting detailed personal information from a credit bureau (TransUnion) and financial institutions without individuals' direct knowledge or consent. The OPC found that Statistics Canada had the legal authority under section 13 of the Statistics Act to collect information for the Credit Information Project, as TransUnion provided existing records, thus deeming this aspect of the complaints not well-founded. However, the OPC had serious concerns that the Financial Transactions Project, as originally designed, would have exceeded this authority by requiring financial institutions to create new records; no formal finding was made as the project was halted. While no contravention of the Privacy Act was found, the OPC identified significant privacy concerns regarding the necessity and proportionality of both projects, Statistics Canada's lack of transparency, and deficiencies in internal monitoring safeguards. Statistics Canada committed to implementing all six OPC recommendations, including redesigning both projects with privacy principles in mind, increasing transparency, and enhancing internal security measures. The OPC also called for legislative reform of the Statistics Act and Privacy Act to address modern data collection practices.

• Whether Statistics Canada's collection of personal information for the Credit Information Project was within its legal authority under section 13 of the Statistics Act.
• Whether Statistics Canada's proposed collection of personal information for the Financial Transactions Project, as originally designed, would have been within its legal authority under section 13 of the Statistics Act.
• Whether the collection of personal information for the Credit Information Project related directly to an operating program or activity of Statistics Canada under section 4 of the Privacy Act.
• Whether the collection of personal information for the Financial Transactions Project related directly to an operating program or activity of Statistics Canada under section 4 of the Privacy Act.
• Whether the Credit Information Project, as originally designed, met the principles of necessity and proportionality.
• Whether the Financial Transactions Project, as originally designed, met the principles of necessity and proportionality.
• Whether Statistics Canada provided adequate transparency to individuals regarding the collection of their personal information for the Projects.
• Whether Statistics Canada had appropriate safeguards, specifically regarding logging and monitoring for internal unauthorized access, to protect personal information collected via the Projects.
• Whether Statistics Canada's de-identification and encryption safeguards were adequate.
• Whether Statistics Canada had proper procedures for individuals to access their personal information.
• Whether there was a risk of personal information collected via the Projects being disclosed for secondary purposes.
• Whether Statistics Canada's Directive on Discretionary Disclosures adequately considered individuals' privacy interests when making disclosures under section 17(2)(a) of the Statistics Act.

Three complaints alleged that Correctional Service Canada (CSC) improperly used video footage, collected for security, to monitor employee performance. The complainants provided emails from a correctional manager commenting on their patrols as evidence. CSC acknowledged using video for security and incident investigation but denied using it for performance monitoring. The OPC found that CSC reviewed the footage to identify systemic deficiencies in patrols following an inmate's death, aiming to improve security and prevent future deaths. The review was part of an action plan to address deficiencies identified in the death investigation. The OPC concluded that this use was consistent with the original purpose of collection, which was security, and therefore the complaints were not well-founded.

• Whether video footage of employees constitutes personal information under s.3 of the Privacy Act
• Whether CSC's use of video footage to review employee patrols constituted monitoring employee performance
• Whether CSC's use of video footage was for the purpose for which it was obtained or compiled, or for a use consistent with that purpose, as per s.7(a) of the Privacy Act