Canadian privacy & access decisions

This investigation was initiated following media reports that a Canada Revenue Agency (CRA) employee posted personal tax information of athletes to an Internet chat group. The OPC found that a former employee did post information, and other CRA employees inappropriately accessed the athletes' tax information out of curiosity, which constituted a breach of the Privacy Act. The CRA took corrective measures, including disciplinary action against employees and modernization of its audit trail system.

• Unauthorized access to taxpayer information by CRA employees
• Disclosure of taxpayer information to an external party
• Adequacy of CRA's corrective measures and audit systems

This investigation concerned a data spill involving 11,900 forms mailed to applicants for the Guaranteed Income Supplement. A mechanical malfunction caused some applicants to receive forms destined for other individuals, including names, addresses, and Social Insurance Numbers. Human error by the overseeing technician, who failed to use detection mechanisms and notify management, compounded the issue. The Office found the complaint well-founded and recommended that the department enhance employee awareness of their obligations to protect personal information.

• Adequacy of security safeguards for personal information
• Role of human error in compounding a mechanical defect
• Reporting obligations of employees regarding privacy breaches

This investigation concerned the handling of personal information collected by the RCMP's Canadian Firearms Program and used by EKOS Research Associates Inc. to survey firearms licensees. The OPC found that the RCMP was authorized to collect the information for program administration and that its use for a client-satisfaction survey was consistent with the original purpose. The RCMP also complied with the Act in providing data to EKOS, as the contract included strong confidentiality provisions. As a result, the complaint was not well-founded.

• Lawful collection of personal information for program administration
• Use of personal information for client-satisfaction surveys
• Compliance with contractual confidentiality and security provisions
• Adequacy of privacy impact assessments

The Office of the Privacy Commissioner of Canada (OPC) received 82 complaints after Human Resources and Skills Development Canada (HRSDC) inadvertently disclosed the personal information of 191 Employment Insurance (EI) claimants. The disclosed information included names, dates of birth, employee identification numbers, and Social Insurance Numbers. HRSDC took immediate steps to retrieve the data, notify affected individuals, and implement preventative measures. The OPC found 79 of the 82 complaints to be well-founded.

• Inadvertent disclosure of personal information
• Adequacy of breach response measures
• Preventing recurrence of similar breaches

A Member of Parliament complained that an employee of the Toronto Port Authority used the organization's e-mail database to invite individuals to a political fundraising event. The investigation found that an employee sent an email using personal and business addresses obtained from business cards, soliciting donations. Although recipient addresses were in the BCC field, the employee's signature block indicated they worked for the Authority, implying institutional sanction.

• Use of institutional database for personal fundraising activities
• Collection and use of personal information for non-business purposes
• Impression of institutional sanction for personal activities

An individual complained that the Canada Border Services Agency (CBSA) improperly collected personal information from his blog after his term position ended. The complainant posted information on the internet for public consumption. The investigation found that some CBSA employees had viewed the blog from government computers in a personal capacity, which was deemed to accord with the government's Acceptable Use Policy. The investigation found no evidence that the CBSA had collected personal information in connection with these visits.

• Whether the CBSA collected personal information from an individual's public blog.
• Whether employee access to the blog from government computers was in accordance with policy.

A public servant complained that Public Works and Government Services Canada (PWGSC) failed to provide her with access to her personal information, collected during an investigation under the Public Servants Disclosure Protection Act. Although the investigation completely exonerated her, she was not informed of this outcome. The Office found that while PWGSC correctly applied section 22.3 of the Privacy Act to refuse disclosure, it urged the department to inform subjects when allegations are unsubstantiated. The Commissioner also asked the Treasury Board Secretariat to develop mechanisms for departments to inform individuals of unsubstantiated allegations.

• Access to personal information collected during a whistleblower investigation
• Application of section 22.3 of the Privacy Act
• Obligation to inform individuals when allegations of wrongdoing are unsubstantiated