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Canadian Privacy Decisions

The comprehensive archive of Canadian privacy decisions from federal, provincial, and territorial commissioners — with AI-summarized plain-language summaries for every decision.

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Federal (Canada)Ontario British Columbia Alberta Saskatchewan Manitoba QuebecIn Progress Nova Scotia New Brunswick Prince Edward Island Newfoundland and Labrador

Federal (Canada)Personal Information Protection and Electronic Documents ActSettled

May 10, 2022PIPEDA Findings #2022-002· Indexed Apr 12, 2026

PIPEDA Findings #2022-002: Biron Health Group has ceased sending promotional emails to travellers arriving in Canada who undergo COVID-19 testing

Biron Health Group

Biron Health Group sent promotional emails to travellers who had undergone COVID-19 testing upon arrival in Canada, using their email addresses collected for testing purposes. The complainant alleged this violated PIPEDA. Biron argued they assumed implicit consent due to a business relationship, but the OPC found this assumption unreasonable given the mandatory nature of the testing. Biron has since ceased the practice, deleted affected email addresses, and the complaint was settled.

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Outcome Notes

Federal rulings come from two regulators with different statutory authority — outcome filters cover both.

OIC Order (ATIA s.36.1, binding) — Since June 2019 (Bill C-58) the Information Commissioner can issue binding orders requiring disclosure or reconsideration. Enforceable after 31/41 business days unless reviewed by the Federal Court (s.41).

Well-Founded — finding that the complaint is well-founded. For OIC: ATIA s.37(1)(a) finding (may be paired with a s.36.1 order). For OPC: Privacy Act s.35(1) / PIPEDA s.13(1) advisory finding — recommendations only, no binding order-making power. Includes well-founded, well-founded & resolved, well-founded & conditionally resolved, well-founded & unresolved.

Not Well-Founded — no contravention found.

s.6.1 Application— the OIC's response to a head's application for authorization to refuse a frivolous, vexatious, or bad-faith access request. Granted = institution may refuse; Denied = institution must respond.

Settled / Resolved / Early-resolved — OPC matter resolved during or before formal findings without a contravention finding.

Declined to investigate / No jurisdiction — Procedural close (Privacy Act s.34, PIPEDA discretion, or scope outside the Acts).

References: ATIA s.36.1 · OPC disposition definitions

About This Archive

Breach of Privacy is the one-stop archive for Canadian privacy decisions from federal, provincial, and territorial commissioners. Each decision includes an AI-generated plain-language summary. Always verify against the official source document.

Canadian Privacy Decisions

PIPEDA Findings #2022-002: Biron Health Group has ceased sending promotional emails to travellers arriving in Canada who undergo COVID-19 testing

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PIPEDA Findings #2022-002: Biron Health Group has ceased sending promotional emails to travellers arriving in Canada who undergo COVID-19 testing

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