Canadian privacy & access decisions

The Office of the Privacy Commissioner of Canada (OPC) investigated complaints against Public Executions Inc., operator of publicexecutions.ca, a website that published personal information of judgment debtors for a fee. Complainants alleged their privacy rights under PIPEDA were breached by the website's practice of "naming and shaming" them into paying debts. The website owner argued PIPEDA did not apply, claiming it was not a commercial activity, was exempt as journalism, and that disclosures were permitted for debt collection. The OPC found that the website's fee-based service constituted a commercial activity under PIPEDA. It rejected the journalistic exemption, noting the lack of original production and journalistic discipline. The OPC concluded that broadly publicizing debtor information for financial gain and coercion was not an appropriate purpose under subsection 5(3) of PIPEDA, especially given existing legal mechanisms and regulations for debt collection. Furthermore, the OPC clarified that paragraph 7(3)(b) of PIPEDA, which allows disclosure for debt collection, does not permit indiscriminate disclosure to the public. Initially, the complaint was found well-founded and unresolved, as the website owner refused to comply with recommendations. However, after the OPC initiated Federal Court proceedings, the website was taken down, leading the OPC to discontinue its application.

• Whether the website's activities constituted "commercial activity" under paragraph 4(1)(a) of PIPEDA.
• Whether the website qualified for the "journalistic purposes" exemption under paragraph 4(2)(c) of PIPEDA.
• Whether the collection, use, and disclosure of personal information by the website was for purposes that a reasonable person would consider "appropriate in the circumstances" under subsection 5(3) of PIPEDA.
• Whether the disclosure of personal information was permitted without consent for the purpose of collecting a debt under paragraph 7(3)(b) of PIPEDA.