Canadian Privacy Decisions

This case involves a compliance agreement between the Privacy Commissioner of Canada and the World Anti-Doping Agency (WADA) concerning WADA's collection, use, and disclosure of athletes' personal information through its Anti-Doping Administration and Management System (ADAMS). Following a complaint and an investigation, WADA agreed to implement remedial measures to ensure personal information in ADAMS is used solely for anti-doping purposes. The agreement resolves the Commissioner's investigation, with the understanding that WADA does not admit contravention of PIPEDA and preserves its jurisdictional defenses. The investigation will be discontinued upon WADA's satisfactory completion of the agreed-upon measures.

• WADA's jurisdiction under PIPEDA for its interprovincial or international activities
• WADA's practices regarding the collection, use, and disclosure of athletes' personal information in ADAMS
• Ensuring ADOs use personal information in ADAMS strictly for anti-doping purposes
• Compliance with privacy obligations concerning sensitive personal information

The complainant alleged that Innovation, Science and Economic Development Canada (ISED) unreasonably extended the time to respond to an access request for Microsoft Teams messages and related policies. The investigation found that ISED's justification for a 390-day extension was inadequate, as it failed to demonstrate a link between the reasons for the extension and its length, or that a serious attempt was made to assess this length. The OIC also noted significant delays in processing. The Commissioner ordered ISED to provide a complete response within 60 business days.

• Reasonableness of time extension under subsection 9(1)
• Justification for length of extension for record volume and operational interference
• Justification for length of extension for consultations
• Deemed refusal under subsection 10(3) due to invalid time extension

The complainant alleged that Employment and Social Development Canada (ESDC) improperly withheld records related to the Canada Student Service Grant. The complainant also alleged that ESDC did not conduct a reasonable search. The Information Commissioner found that ESDC improperly withheld information under exemptions related to third-party commercial information, advice and deliberations, and solicitor-client privilege. The Commissioner also found that ESDC did not reasonably exercise its discretion for some of these exemptions. The Commissioner ordered ESDC to disclose certain information and re-exercise its discretion on others. The complaint was found to be well founded.

• Improperly withheld third-party commercial information
• Improperly withheld advice or recommendations and accounts of deliberations
• Improperly withheld information under solicitor-client privilege
• Failure to reasonably exercise discretion