Canadian privacy & access decisions

This report addresses complaints against the Canadian Broadcasting Corporation (CBC) regarding its publication of personal information inadvertently disclosed by the Canada Revenue Agency (CRA). The CRA mistakenly mailed a spreadsheet containing taxpayers' personal information to a CBC journalist. The CBC subsequently published an article detailing the breach, identifying several affected individuals, and including their photographs. Complainants alleged the CBC contravened the Privacy Act by disclosing this information. The CBC argued that the information was obtained legally and that the Privacy Act does not apply to information collected, used, or disclosed for journalistic purposes under section 69.1 of the Act. The OPC found that the CBC's actions were purely journalistic and therefore fell under this exclusion, meaning the Privacy Act did not apply to the CBC's handling of the information.

• Whether the information published by the CBC constituted personal information under section 3 of the Privacy Act
• Whether the CBC's collection, use, and disclosure of the personal information was for journalistic purposes
• Whether the exclusion provision under section 69.1 of the Privacy Act applied to the CBC's actions

The Canada Revenue Agency (CRA) inadvertently mailed the personal information of approximately 1,000 individuals to a Canadian Broadcasting Corporation (CBC) journalist. This occurred due to an ATIP clerk mistakenly switching cover letters for two different response packages. The disclosed information included names, addresses, and details of donations. The CBC refused the CRA's requests to return the information, leading the CRA to initiate legal action. The OPC found that the CRA disclosed personal information without consent, contravening the Privacy Act. While the OPC noted the CRA's immediate remedial actions and action plan, it concluded that the disclosure did not meet the requirements of the Act.

• Whether the inadvertent mailing of personal information to a journalist constituted a disclosure without consent under the Privacy Act
• Whether the information disclosed was 'personal information' as defined by section 3 of the Privacy Act
• Whether the disclosure met the requirements of section 8 of the Privacy Act

A former RCMP member complained that the RCMP inappropriately collected her personal medical and financial information from Veterans Affairs Canada (VAC) after she was awarded a disability pension. The complainant alleged that the RCMP's National Compensation Policy Centre had no need for this sensitive information. The OPC found that the 2002 Memorandum of Understanding (MOU) between the RCMP and VAC transferred responsibility for pension administration to VAC, meaning the RCMP's National Compensation Policy Centre did not require the detailed medical diagnosis or financial information. The OPC concluded that the collection of this information by the RCMP was not for a purpose consistent with section 4 of the Privacy Act. The complaint was found to be well-founded, and the OPC recommended updating the MOU and reviewing RCMP's internal policies on access to medical records.

• Whether the collection of the complainant's financial information by the RCMP was necessary and related directly to an operating program or activity under section 4 of the Privacy Act
• Whether the collection of the complainant's medical diagnosis/pensioned disability by the RCMP was necessary and related directly to an operating program or activity under section 4 of the Privacy Act
• Whether the collection of the complainant's disability percentage by the RCMP was necessary and related directly to an operating program or activity under section 4 of the Privacy Act
• Whether the collection of personal information by the RCMP's National Compensation Policy Centre was consistent with the RCMP's own internal policies restricting access to sensitive medical information
• Whether the MOU between VAC and the RCMP adequately addressed information sharing practices for sensitive personal information

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

An employee of the Canada Border Services Agency (CBSA) complained on behalf of colleagues that the CBSA was using video monitoring to collect personal information for the purpose of monitoring employee conduct and performance, beyond the original safety and security purposes. The complainant also alleged insufficient signage. The OPC found the signage issue was resolved early in the investigation as the CBSA added more signs. Regarding the use of video for monitoring conduct and performance, the CBSA updated its policy to clarify that video technology would not be used for performance monitoring. The OPC accepted the CBSA's rationale for using video recordings to investigate serious misconduct, finding it met the standard for collection under section 4 of the Privacy Act. However, the resolution was conditional on the CBSA providing updated guidelines for implementing its policy.

• Whether the CBSA's use of video monitoring for employee conduct and performance monitoring contravened the Privacy Act
• Whether the collection of personal information via video technology was necessary and related directly to an operating program or activity of the institution under section 4 of the Privacy Act
• Whether the CBSA had sufficient signage to inform employees of video monitoring

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

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 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

A complaint was filed on behalf of RCMP members regarding the disclosure of informal disciplinary records to the Crown, arguing it was inconsistent with the Supreme Court's R. v. McNeil decision. The complainant contended that only records from formal disciplinary hearings should be disclosed. The RCMP maintained that both formal and informal misconduct records could be relevant under McNeil, and the OPC agreed with this interpretation, finding the complaint not well-founded. However, the OPC expressed serious concerns about the RCMP's policy of retaining disciplinary records until members reach 100 years of age, which is significantly longer than other police services. The OPC recommended the RCMP reconsider its retention policies, but the RCMP indicated it would continue its current practice.

• Whether the disclosure of informal disciplinary records to the Crown is consistent with R. v. McNeil
• Whether the RCMP's retention period for disciplinary records is appropriate

This report details an investigation into the loss of a USB key containing the personal information of 5,045 Canada Pension Plan Disability appellants from an ESDC office. The USB key, which was neither password-protected nor encrypted, contained sensitive data including SINs, medical conditions, and dates of birth. The investigation found weaknesses in physical, technological, administrative, and personnel controls at both ESDC and Justice Canada, as a Justice Canada lawyer had custody of the key when it went missing. The OPC concluded that both departments failed to translate their privacy and security policies into meaningful business practices. Both ESDC and Justice Canada accepted nine recommendations from the OPC to improve their protection of personal information.

• Whether Employment and Social Development Canada (ESDC) adequately protected personal information on a lost USB key
• Whether Justice Canada adequately protected personal information on a lost USB key while in its custody
• Whether physical controls for personal information were adequate
• Whether technological controls (encryption, password protection) for personal information were adequate
• Whether administrative controls for personal information were adequate
• Whether personnel controls for personal information were adequate
• Whether ESDC translated its privacy and security policies into meaningful business practices
• Whether Justice Canada translated its privacy and security policies into meaningful business practices

A group of Canada Border Services Agency (CBSA) employees complained that a new policy requiring them to wear name tags displaying their surnames, instead of badge numbers, violated sections 7 and 8 of the Privacy Act. They argued this constituted an unreasonable invasion of privacy and made them vulnerable to violence and intimidation, as their names could be used to find personal information. The CBSA contended that the name tags were part of a service excellence initiative, promoted professionalism and accountability, and that an employee's name on a name tag falls under an exception to the definition of personal information in the Act. The OPC found that while a surname on a name tag is information about an identifiable individual, it falls under paragraph (j) of the definition of personal information, which excludes information relating to the position or functions of a government employee for the purposes of sections 7 and 8. Therefore, the OPC concluded that the policy did not violate the Act.

• Whether the surname of a Border Services Officer (BSO) displayed on a name tag constitutes "personal information" under section 3 of the Privacy Act
• Whether the surname on a name tag falls within the exception to the definition of personal information under paragraph (j) of section 3 of the Privacy Act
• Whether the CBSA's requirement for BSOs to wear name tags displaying their surnames violates sections 7 and 8 of the Privacy Act

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.

The complainant alleged that the RCMP continued to retain and use personal information from the national long-gun registry, which should have been destroyed under the Ending the Long-Gun Registry Act. Specific allegations included a High River RCMP member's statement about locating firearms and an email from a Langley RCMP member referring to non-restricted firearm registration. The RCMP stated that electronic records were destroyed in October 2012 and hard copies by December 2013 (except for Quebec records). They also argued that information extracted from the registry before its destruction and retained in case files could be used consistent with its original purpose. The OPC found no evidence of contravention, noting that recent legislative amendments retroactively excluded the application of the Privacy Act to certain long-gun registry records, preventing further investigation into specific examples.

• Whether the RCMP continued to retain and use personal information from the national long-gun registry after it was required to be destroyed
• Whether the High River RCMP used personal information from the long-gun registry in June 2013
• Whether other RCMP detachments continued to use personal information from the long-gun registry after electronic records were destroyed in October 2012
• Whether copies of the long-gun registry containing personal information still exist in the possession of the RCMP or other police services
• Whether the use of personal information from the long-gun registry, retained in case files prior to the Ending the Long-gun Registry Act, is consistent with section 7 of the Privacy Act
• Whether the retroactive exclusion of the Privacy Act by Bill C-59 affects the investigation