Canadian privacy & access decisions

An individual complained that a telecommunications company (telco) provided an incomplete response to her access request for information about disclosures of her personal information to other parties, including law enforcement. The telco initially responded by stating it was in compliance with specific PIPEDA subsections, without confirming or denying disclosures. The OPC found that the telco's response did not meet its obligation under Principle 4.9 of PIPEDA, which requires organizations to inform individuals of the existence, use, and disclosure of their personal information. The OPC clarified that an organization must provide a clear 'yes' or 'no' answer regarding disclosures, unless a government institution objects to such disclosure under PIPEDA s.9(2.4). Following the OPC's recommendation, the telco provided a complete response to the complainant and updated its policy for handling future access requests. The complaint was deemed well-founded and resolved.

• Whether the telco's initial response to an access request for disclosure information met its obligations under Principle 4.9 of PIPEDA
• Whether the telco's practice of stating compliance with PIPEDA s.9(2.1)-(2.4) was sufficient for access requests
• Whether the telco had an obligation to provide a 'yes' or 'no' answer regarding disclosures to all third parties, including those not covered by PIPEDA s.9(2.1)-(2.4)
• How an organization should respond to an access request for disclosure information when a government institution objects under PIPEDA s.9(2.4)

An individual complained to the OPC after discovering inaccuracies in his credit file, including two unrecognized credit inquiries and a notation that his account had been automatically combined with others. The credit reporting agency acknowledged that his file had been manually combined with another individual's due to similar names and addresses. The OPC investigated two main issues: unauthorized use/disclosure and accuracy of personal information. The OPC found no unauthorized use or disclosure, as the inquiries occurred before the files were combined and only the other individual's information was used. However, the OPC determined that the agency failed to maintain accurate personal information, as combining files compromised accuracy and led to incorrect information being attributed to the complainant. The agency rectified the error by separating the files, notifying creditors of corrections, and committing to enhanced employee training. Consequently, the accuracy issue was found to be well-founded and resolved.

• Whether the credit reporting agency improperly disclosed the complainant's personal information without consent
• Whether the credit reporting agency failed to maintain accurate personal information as required by PIPEDA Principle 4.6
• Whether the credit reporting agency failed to maintain accurate personal information as required by PIPEDA Principle 4.6.3

An individual complained after receiving a credit card he did not apply for, following an interaction with a salesperson for a loyalty program. He alleged that he never consented to a credit card application or a credit check, and that much of the information on the application was inaccurate. The bank claimed the individual knowingly provided his information and consented via an electronic tablet. The OPC found that the bank failed to demonstrate it obtained the complainant's consent and ensure the accuracy of the collected information. The investigation concluded the bank contravened PIPEDA Principles 4.3 (consent), 4.6 (accuracy), and 4.1.4 (accountability). The bank apologized, cancelled the card, and removed the inquiry from the credit report. It also discontinued its in-store pilot program and committed to implementing measures to ensure proper consent and information accuracy if it relaunches such a program.

• Whether the bank obtained valid consent for a credit card application and credit check under Principle 4.3
• Whether the bank ensured the accuracy of personal information collected under Principle 4.6
• Whether the bank had adequate procedures to give effect to PIPEDA principles under Principle 4.1.4

An employee complained that his employer, an international trucking company, disclosed his positive drug test results to a provincial workers' compensation board (WCB) without his consent, and also to his co-workers. The employer stated it believed it was legally obligated to inform the WCB due to a change in the employee's work status and cited the provincial Workers' Compensation Act. The WCB clarified that the Act did not create an express duty for unsolicited disclosure of such information. The OPC found that the disclosure to the WCB was a contravention of PIPEDA Principles 4.3 and 4.5, as the information was used for a different purpose than collected without consent, and no legal obligation exception applied. The OPC also investigated the alleged disclosure to co-workers but found no evidence to support this claim. The employer implemented the OPC's recommendations, leading to a 'well-founded and resolved' outcome for the disclosure to the WCB.

• Whether the disclosure of drug test results to the WCB without consent contravened PIPEDA Principles 4.3 and 4.5
• Whether the employer had a legal obligation to disclose the drug test results to the WCB under the provincial Workers' Compensation Act, thereby qualifying for an exception to consent under paragraph 7(3)(i) of PIPEDA
• Whether the employer disclosed the drug test results to co-workers without consent

A complainant alleged that a property management company improperly collected, used, and disclosed tenants' personal information by maintaining a "bad tenant list" for a landlord association, leading to her rental application rejection. The company confirmed it held the list, arguing tenants consented via a rental application clause. The OPC found that the consent clause was not meaningful for this purpose and that the company was acting as an unlicensed credit reporting agency, making the purpose inappropriate under PIPEDA s.5(3). The OPC also found issues with the accuracy of the information and the lack of opportunity for individuals to challenge it. The company disagreed with being classified as a credit reporting agency but agreed to destroy the list and cease its collection, use, and disclosure. The matter was found to be well-founded and resolved.

• Whether the collection, use, and disclosure of personal information for a "bad tenant list" was for purposes that a reasonable person would consider appropriate in the circumstances (s.5(3) PIPEDA)
• Whether the property management company was acting as an unlicensed credit reporting agency under provincial legislation
• Whether meaningful knowledge and consent of individuals were obtained for the collection, use, and disclosure of their personal information for the "bad tenant list" (Principle 4.3, 4.3.2 PIPEDA)
• Whether the personal information on the "bad tenant list" was accurate, complete, and up-to-date (Principle 4.6, 4.6.1 PIPEDA)
• Whether individuals had the ability to challenge the accuracy of information about them on the list (Principle 4.10 PIPEDA)

A complainant alleged that an insurance company refused to provide her with access to her personal information related to an insurance claim and a subsequent complaint to the company's internal ombudsman. The company initially refused access to a recorded conversation, citing the need for her spouse's consent, and later withheld documents from the ombudsman process, arguing it was a "formal dispute resolution process" exempt under PIPEDA s.9(3)(d) and not a "commercial activity." The OPC found that the company contravened Principles 4.9 and 4.9.1 by initially refusing access to the recorded conversation without severing third-party information. The OPC also determined that the internal ombudsman process was not a "formal dispute resolution process" and that its activities were part of a "commercial activity," thus falling under PIPEDA's scope. The company ultimately agreed to provide the complainant with access to the withheld information.

• Whether the insurance company contravened Principles 4.9 and 4.9.1 by refusing access to personal information without severing third-party information
• Whether the insurance company's internal ombudsman office constitutes a "formal dispute resolution process" under PIPEDA s.9(3)(d)
• Whether the activities of the internal ombudsman office fall under the definition of "commercial activity" under PIPEDA

An individual complained that a collection agency repeatedly refused to provide access to their personal information, despite multiple written requests. The individual was disputing a debt the agency was attempting to collect and sought information related to the alleged debt account. The OPC found that the agency failed to respond to several of the individual's access requests, contravening PIPEDA subsections 8(3) and 8(5), and Principle 4.9. Although the agency eventually provided the information during the investigation, the OPC noted that the agency had not followed its own privacy procedures for handling access requests. The agency committed to revising its procedures and providing refresher training to its employees. The complaint was deemed well-founded and resolved.

• Whether the organization refused to provide access to personal information
• Whether the organization responded to access requests within the required timeframe
• Whether the organization followed its own privacy policies and procedures for access requests
• Whether the organization maintained records of access request processing

A customer complained that a retail store employee disclosed his personal information to his employer, including his name, in-store behavior, and statements made to staff. The store argued the information was not personal because it was made publicly, and that it had implied consent for the disclosure. The OPC found that information overheard by others is still personal information under PIPEDA. The OPC also determined that implied consent was not appropriate given the sensitive nature of the information, which had the potential to negatively affect the customer's employment. The store's disclosure without knowledge or consent contravened Principle 4.3 of PIPEDA. The complaint was found to be well-founded and resolved after the store implemented the OPC's recommendations.

• Whether the information shared was personal information under PIPEDA
• Whether the customer provided implied consent for the disclosure of his personal information
• Whether the disclosed information was sensitive
• Whether the customer had a reasonable expectation that his information would be shared with his employer
• Whether the publicly available information exception to consent applied