Canadian privacy & access decisions

An individual complained that a business withheld some of his personal information and its privacy policy. The business initially claimed the individual was not entitled to information predating January 1, 2004, when PIPEDA became applicable to it. After the complainant challenged this, the business provided the remaining personal information but still did not provide a privacy policy. The OPC discovered the business did not have a privacy policy. At the OPC's request, the business drafted a privacy policy and provided it to the complainant. The complainant considered the matter settled.

• Whether the business improperly withheld personal information requested by the individual
• Whether the business failed to make its privacy policy publicly available as required by PIPEDA

An individual complained that a condominium corporation disclosed personal information about her dispute with the corporation to all condominium owners. The corporation sent a letter detailing the alleged by-law contravention to all owners, posted it on a bulletin board, and included it in Board meeting minutes. The corporation initially believed only contact information, which it considered publicly available, was disclosed. However, the OPC clarified that the personal information at issue was the fact of the dispute itself. The corporation had disclosed this information without the complainant's consent. The matter was resolved when the condominium corporation sent the complainant a letter of apology.

• Whether the fact of an individual's dispute with a condominium corporation constitutes personal information under PIPEDA
• Whether the condominium corporation disclosed personal information without consent
• Whether the personal information was publicly available

A student complained that a property management firm required his Social Insurance Number (SIN) to rent an apartment. The firm stated it needed the SIN for identity verification, credit checks, and collections. The OPC noted that while no legislation prevents organizations from asking for SINs for identification, organizations subject to PIPEDA must inform individuals that providing a SIN for identification is optional and not a condition of service. As a result of the complaint, the property manager revised the lease agreement to only require a driver's license for identification and stopped requesting SINs from potential renters. The student and the OPC considered the matter settled.

• Whether requiring a SIN for an apartment lease is permissible under PIPEDA
• Whether organizations must inform individuals that providing a SIN for identification is optional