Canadian privacy & access decisions

A former RCMP member complained that Veterans Affairs Canada (VAC) inappropriately disclosed her medical diagnosis, disability percentage, and financial information to the RCMP's National Compensation Policy Centre. VAC argued the disclosure was a 'consistent use' under the Privacy Act, citing the RCMP's responsibility for members' health services and an MOU between the two institutions. The OPC found that the information provided to the complainant at the time of application was inadequate to establish informed consent for such disclosure. Furthermore, the MOU did not explicitly authorize the sharing of detailed medical and financial information with the RCMP's National Compensation Policy Centre. The OPC concluded that the disclosure was not a consistent use and therefore contravened the Privacy Act, noting the systemic nature of this issue affecting many RCMP employees.

• Whether the disclosure of the complainant's medical and financial information by VAC to the RCMP was authorized by consent under subsection 8(1) of the Privacy Act
• Whether the disclosure of the complainant's medical and financial information by VAC to the RCMP was for a consistent use under paragraph 8(2)(a) of the Privacy Act
• Whether the information provided to disability pension applicants by VAC was sufficient to establish informed consent for disclosure to the RCMP
• Whether the Memorandum of Understanding (MOU) between VAC and the RCMP authorized the detailed sharing of personal medical and financial information
• Whether the RCMP's National Compensation Policy Centre had a 'need to know' the complainant's detailed medical and financial information

A B.C. woman received a package from the Canada Revenue Agency (CRA) containing her deceased daughter's tax information along with the confidential personal information of five other individuals. She attempted to report the data breach and return the misdirected information to the CRA through various channels, including phone calls and an in-person visit to a tax centre, but faced significant difficulties. Only after she contacted a CBC news reporter did the CRA take prompt action to retrieve the misdirected records. The OPC launched a Commissioner-initiated complaint and found that the CRA had breached the privacy rights of the taxpayers involved. The CRA committed to and implemented remedial measures to prevent similar incidents and improve its internal procedures for client service and misdirected mail.

• Whether the Canada Revenue Agency breached the privacy rights of taxpayers by mistakenly sending confidential personal information to an unauthorized individual
• Whether the Canada Revenue Agency's procedures for handling misdirected mail and breach reporting were adequate
• Whether the Canada Revenue Agency's client service channels were accessible for reporting privacy breaches

The Canada School of Public Service (the School) received a letter from the Public Sector Integrity Commissioner (PSIC) detailing allegations of wrongdoing against seven employees. The School then hand-delivered copies of this letter, which identified the seven individuals and the alleged wrongdoings, to each of the named employees. One of these employees complained to the OPC, alleging that the disclosure of his name via this letter violated the Privacy Act. The OPC found the complaint to be well-founded, concluding that the School had improperly disclosed personal information. Following the OPC's recommendations, the School developed new procedures to protect the confidentiality of information related to the Public Servants Disclosure Protection Act and a plan for addressing privacy breaches.

• Whether the Canada School of Public Service disclosed personal information contrary to the Privacy Act by hand-delivering a letter from the Public Sector Integrity Commissioner to employees named in it

The Canadian Council for Refugees complained that the Canada Border Services Agency (CBSA) improperly disclosed an individual's personal information on its "Wanted by the CBSA" website. The program aimed to solicit public help in locating individuals with Canada-wide warrants for removal, including those accused of war crimes. The OPC found that while the disclosure of personal information was permissible under the Privacy Act as a consistent use for immigration law enforcement, the CBSA failed to ensure the information was accurate, up-to-date, and complete. Specifically, the website implied a conviction for war crimes when the individual was only deemed inadmissible under immigration law. This led to a well-founded finding regarding the accuracy of the information. The CBSA accepted five recommendations, including revisiting the amount of personal information disclosed, clarifying the distinction between criminal conviction and immigration determination, and improving the timely removal of profiles.

• Whether the disclosure of personal information on the "Wanted by the CBSA" website was permissible under the Privacy Act as a consistent use
• Whether the CBSA took all reasonable steps to ensure the personal information was accurate, up-to-date, and complete as required by the Privacy Act
• Whether the CBSA should have conducted a Privacy Impact Assessment before launching the program

An individual complained that Aboriginal Affairs and Northern Development Canada (AANDC) improperly disclosed personal information to La Presse newspaper. The newspaper published an article referencing a document created by AANDC that listed individuals who had made Access to Information Act (ATIA) requests related to former Minister Jim Prentice. AANDC confirmed the document's existence and reported that it had been created to respond to ATIA requests. The OPC found that AANDC improperly disclosed the personal information of those listed in the document, which ultimately reached La Presse. Furthermore, AANDC shared this information with officials who did not have a legitimate need-to-know. The complaint was found to be well-founded.

• Whether the document contained personal information under s.3 of the Privacy Act
• Whether all AANDC officials who accessed the document had a need-to-know the identity of the requesters under s.7(a) of the Privacy Act and TBS Policy on Access to Information s.6.2.3
• Whether the disclosure of the information to La Presse constituted a contravention of s.8 of the Privacy Act

A complainant alleged that the Public Service Commission of Canada (PSC) improperly disclosed her medical information during an investigation into potential fraud in an appointment process. The PSC included a doctor's letter detailing the complainant's medical condition in a factual report, which was then shared with all witnesses in the investigation. The PSC argued this disclosure was necessary to uphold procedural fairness under paragraph 8(2)(a) of the Privacy Act, as all witnesses were "affected persons" who could face adverse conclusions. The OPC found that while procedural fairness may necessitate some disclosure, the PSC failed to demonstrate why the specific medical details were relevant or necessary for the witnesses to know. The OPC concluded that sharing the full doctor's letter was not a "consistent use" of the information and therefore contravened subsection 8(1) of the Privacy Act. The complaint was found to be well-founded, and the PSC committed to implementing new procedures to ensure compliance.

• Whether the disclosure of the complainant's medical information to witnesses was a "consistent use" under paragraph 8(2)(a) of the Privacy Act
• Whether the PSC's interpretation of "affected person" and the requirements of procedural fairness justified the disclosure of sensitive medical information to all witnesses
• Whether the PSC contravened subsection 8(1) of the Privacy Act by disclosing personal information without consent or a valid exception

The Office of the Privacy Commissioner of Canada (OPC) initiated a complaint against Employment and Social Development Canada (ESDC) following the loss of an unencrypted external hard drive containing the personal information of 583,000 Canada student loan borrowers and 250 ESDC employees. The investigation found that ESDC failed to implement adequate physical, technical, administrative, and personnel security controls, leading to contraventions of sections 6(3), 7, or 8 of the Privacy Act. The lost data included highly sensitive details such as Social Insurance Numbers, names, addresses, dates of birth, and comprehensive student loan financial information. While ESDC took extensive mitigation steps post-incident, including public notification and credit protection offers, the OPC concluded the complaint was well-founded due to the systemic failures in safeguarding personal information. ESDC accepted all ten of the OPC's recommendations aimed at improving its privacy management framework, and was well-advanced in their implementation. The OPC will conduct a follow-up review in one year to confirm full implementation.

• Whether ESDC failed to implement adequate physical security controls for personal information stored on portable media.
• Whether ESDC failed to implement adequate technical security controls, such as encryption and risk assessments, for personal information on portable media.
• Whether ESDC failed to implement adequate administrative controls, including asset inventory, information classification, and lifecycle management, for personal information.
• Whether ESDC failed to implement adequate personnel security controls, such as employee training, awareness, and accountability, regarding personal information.
• Whether ESDC contravened subsection 6(3) of the Privacy Act by failing to properly dispose of personal information.
• Whether ESDC contravened section 7 of the Privacy Act regarding the use of personal information.
• Whether ESDC contravened section 8 of the Privacy Act regarding the disclosure of personal information.
• Whether the delay in notifying affected individuals of the breach was reasonable.
• Whether the scope of personal information reported to affected individuals in the notification letters was complete.

First Nations activist Cindy Blackstock complained that Aboriginal Affairs and Northern Development Canada (AANDC) and the Department of Justice Canada (DOJ) contravened the Privacy Act by collecting her personal information from her Facebook page. The departments argued that information posted publicly on Facebook was not personal. The OPC rejected this argument, finding that publicly available information can still be personal under the Privacy Act. The OPC found that the collection of personal information from Ms. Blackstock's personal Facebook page was not directly related to a government operating program or activity. Both departments accepted the OPC's recommendations to cease such collection, destroy previously collected personal information, and develop policies for social media monitoring.

• Whether information posted on a personal Facebook page constitutes "personal information" under the Privacy Act
• Whether the public availability of personal information on the Internet renders it non-personal
• Whether the collection of personal information from Ms. Blackstock's personal Facebook page was directly related to a government operating program or activity
• Whether the monitoring of Ms. Blackstock's public speeches constituted collection of "personal information" under the Privacy Act
• Whether repeated accessing of Ms. Blackstock's Indian status records was a contravention of the Privacy Act

An inmate at a maximum-security penitentiary requested video recordings of incidents involving officers. The Correctional Service of Canada (CSC) denied access, citing third-party information and security concerns. The OPC found complaints regarding 16 destroyed videos to be well-founded, as CSC had not even reviewed them before denial. For two other videos, which CSC claimed contained third-party information and posed security risks, the OPC found CSC correctly applied exemptions, thus resolving those complaints.

• Timeliness of responding to access to information requests
• Destruction of records prior to fulfilling requests
• Application of exemptions for security of penal institutions
• Proper review of records before withholding information

A man applied for a Transportation Security Clearance in July 2010, which was denied by Transport Canada (TC) in September 2011 based on information from the RCMP. The man complained that the RCMP improperly disclosed his personal information to TC. The RCMP had obtained information about an incident involving the complainant in 2009, which resulted in an absolute discharge a few months later. The RCMP provided this information to TC in 2011. The OPC found that the disclosure contravened the Criminal Records Act because more than a year had passed since the absolute discharge and no ministerial approval was obtained. The disclosure was also not authorized under the Privacy Act. The complaint was found to be well-founded.

• Whether the RCMP's disclosure of personal information to Transport Canada contravened the Criminal Records Act
• Whether the RCMP's disclosure of personal information to Transport Canada was authorized under the Privacy Act

A complainant alleged that a Canadian Forces (CF) employee, with whom he had a prior personal relationship, inappropriately accessed his personal health information. The investigation found that the employee accessed the complainant’s health information in the Canadian Forces Health Information System (CFHIS) multiple times after receiving an anonymous message about the complainant's health. The employee admitted to accessing and using the information for personal reasons, which was inconsistent with the purpose for its collection. The complaint was found to be well-founded. As a result, National Defence acknowledged the importance of privacy awareness and training, implemented new controls in CFHIS, updated its health service policy, and provided training to CF healthcare staff.

• Whether a National Defence employee inappropriately accessed personal health information for personal reasons
• Whether the access was inconsistent with the purpose for which the information was collected

A sergeant complained that his estranged wife, a civilian employee at a Canadian Forces Base, had unauthorized access to his military health records. The sergeant provided an audit log showing his wife accessed his Canadian Forces Health Information Services (CFHIS) account and deleted a physiotherapy appointment. National Defence (DND) confirmed the unauthorized access and noted she also accessed a paper physiotherapy file. DND determined she willfully breached departmental rules and implemented system restrictions to bar her access. The OPC found the access and use of medical information inconsistent with its original purpose and not a permissible use under the Privacy Act, upholding the complaint as well-founded. DND has since implemented new CFHIS controls and is evaluating its systems and practices for health information.

• Whether the estranged wife's access to the sergeant's medical records was authorized
• Whether the access and use of medical information was consistent with the purpose for which it was originally intended
• Whether the access and use met permissible uses defined in the Privacy Act

A woman complained that two RCMP employee landlords performed a criminal background check on her using the Canadian Police Information Centre (CPIC) database when she applied to rent a basement apartment. The landlords requested personal identification to "look into" prospective tenants. An internal RCMP investigation confirmed that one officer accessed CPIC for personal reasons, citing the applicant being from "out of town" and concerns for officer safety and organizational security. The OPC found that the CPIC database contains personal information and its use is restricted to legitimate law enforcement purposes. The investigation concluded that the officer's access was for personal reasons, not authorized operational purposes. The complaint was found to be well-founded, and the RCMP took remedial actions including an apology to the complainant and a communiqué to employees regarding CPIC use policies.

• Whether the CPIC database contains personal information under the Privacy Act
• Whether the RCMP officer accessed the CPIC database for personal reasons
• Whether the access to the CPIC database was for an authorized operational purpose

A complainant alleged that the Canada Revenue Agency (CRA) contravened the Privacy Act when an employee accessed his tax file without authorization in 2005 and 2006. The complainant became suspicious after community members showed knowledge of his financial information. An audit trail report revealed that a CRA employee had accessed his T1 tax account twice, viewing sensitive personal information including his Social Insurance Number, income, and family details. The OPC's investigation confirmed that the employee accessed the account without authorization and beyond the scope of their duties. The complaint was found to be well-founded, and CRA confirmed the employee no longer has access to taxpayer information.

• Whether a CRA employee accessed the complainant's tax file without authorization
• Whether the unauthorized access contravened the use and disclosure provisions of the Privacy Act

A Canadian woman complained after her personal information, including her passport and income tax assessment, was disclosed to a Bangladeshi man whose work permit application she was supporting. The woman had sent these documents via her MP to the Canadian High Commission in Dhaka. When the man's application was refused, the High Commission returned the entire file, including the woman's documents, to him. Citizenship and Immigration Canada acknowledged the disclosure was made without consent and should not have occurred. The OPC found the complaint to be well-founded and recommended that all High Commissions implement a system to distinguish and prevent the return of third-party documents to applicants.

• Whether Citizenship and Immigration Canada disclosed personal information without consent
• Whether the disclosure of personal information was in contravention of the Privacy Act