Canadian Privacy Decisions

The complainant alleged that Transport Canada did not conduct a reasonable search for records concerning Class D operation with a single engine helicopter, requested between Transport Canada and the RCMP. Transport Canada initially provided only two pages but later, during the investigation, found approximately 690 additional pages. The Commissioner found the complaint well-founded, ordering Transport Canada to process these additional records and respond to the complainant within 60 business days.

• Reasonableness of the search conducted by Transport Canada
• Proper processing of additional responsive records
• Timeliness of response after additional records were found

The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint against Google's search engine service. The complainant alleged that Google was violating PIPEDA by displaying links to old media articles about their arrest and criminal charge. While the OPC found that Google complied with accuracy requirements, it determined that the continued display of these sensitive articles, which caused significant harm to the complainant, outweighed the limited public interest. The OPC recommended Google de-list the articles, but Google refused, stating the matter should be decided by the courts.

• Whether Google contravened PIPEDA's accuracy requirements by displaying links to outdated articles.
• Whether Google contravened PIPEDA's "appropriate purposes" provision by displaying sensitive personal information linked to an individual's name.
• Balancing individual privacy rights against freedom of expression in the context of search engine results.
• Determining the public interest in accessing historical, sensitive information via search engine results.

The complainant asked for the number of paid subscribers to CBC Gem. The CBC claimed this information was excluded under section 68.1 (journalistic, creative, or programming activities) and exempt under paragraph 18(b) (competitive position). The Information Commissioner found that the subscriber numbers, while related to programming, also related to the CBC's general administration, engaging the exception to section 68.1. The Commissioner also found that the CBC failed to demonstrate a reasonable expectation of harm to its competitive position or negotiations, beyond a mere possibility, if the information were disclosed. The Commissioner ordered the CBC to disclose the information, but the CBC stated it would not implement the order.

• Applicability of section 68.1 exclusion to subscriber numbers
• Engagement of the exception to section 68.1 for general administration
• Demonstration of reasonable expectation of harm to competitive position under paragraph 18(b)
• Demonstration of reasonable expectation of interference with negotiations under paragraph 18(b)