Canadian privacy & access decisions

The Office of the Privacy Commissioner of Canada (OPC) investigated the Royal Canadian Mounted Police (RCMP) following the loss of an unencrypted USB storage device containing sensitive personal information of 1,741 individuals. The investigation focused on whether the RCMP contravened section 8 of the Privacy Act regarding disclosure, the appropriateness of its breach response, and the sufficiency of its safeguards for USB devices. The OPC found that the RCMP contravened section 8 due to unauthorized disclosure, as the device was lost, unencrypted, and its contents were copied and offered for sale. While the RCMP's notification to affected individuals and mitigation steps were generally appropriate after discovery, the initial reporting of the loss was significantly delayed. Furthermore, the RCMP failed to implement adequate safeguards, as its own policies for procurement, inventory, and encryption of USB devices were not followed, and security awareness training was insufficient. Despite the RCMP accepting the OPC's recommendations to strengthen safeguards, audit procedures, and awareness programs, it refused to commit to specific timelines for implementation. Consequently, the complaint was found to be well-founded and unresolved.

• Whether the RCMP disclosed personal information in contravention of section 8 of the Privacy Act
• Whether the RCMP's response to the privacy breach was appropriate in the circumstances
• Whether the RCMP's measures to protect personal information contained on USB storage devices were sufficient
• Whether RCMP personnel failed to report the loss of the USB storage device to authorities in a timely manner
• Whether the RCMP's policies and procedures for procurement, inventory, and encryption of USB devices were followed and enforced
• Whether the RCMP's security and privacy awareness training for members was effective and sufficient
• Whether the RCMP's policy compliance monitoring for USB device use was adequate