Canadian privacy & access decisions

An individual complained that Canada Post (CPC) was using personal information gathered from the outside of delivered envelopes and parcels to create mail marketing lists, which it then rented to the private sector. The Office of the Privacy Commissioner (OPC) investigated whether CPC's Smartmail Marketing Program (SMM Program) complied with the Privacy Act. The OPC found that CPC's collection of personal information for the SMM Program was directly related to an operating program (s.4) and that its use and disclosure were for an original purpose of collection (s.7 and s.8), thus compliant with these sections. However, the OPC determined that the SMM Program constituted an "administrative purpose" under the Act, and CPC had failed to obtain individuals' authorization for the indirect collection of their personal information, contravening section 5. CPC disagreed with this finding and refused to implement the OPC's recommendation to cease the practice without authorization, proposing only enhanced transparency measures which the OPC deemed insufficient. Consequently, the complaint was found to be well-founded and not resolved.

• Whether Canada Post's collection of personal information for marketing mail list services complies with section 4 of the Privacy Act (related directly to an operating program or activity).
• Whether Canada Post's use and disclosure of personal information for marketing mail list services complies with sections 7 and 8 of the Privacy Act (for the purpose obtained or consistent use, or with consent).
• Whether Canada Post's collection of personal information for marketing mail list services complies with section 5 of the Privacy Act (direct collection for administrative purpose, or with authorization).
• Whether the use of an individual's information to provide mail marketing services constitutes an "administrative purpose" under section 3 of the Privacy Act.
• Whether individuals implicitly authorized Canada Post to indirectly collect their personal information for the SMM Program by accepting mail delivery or through the availability of an opt-out mechanism.
• Whether the exceptions under subsection 5(3) of the Privacy Act apply.