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Canadian privacy & access decisions

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Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded
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Aug 8, 2017PIPEDA Report of Findings #2017-007

PIPEDA Report of Findings #2017-007: Operator of website that shamed debtors for profit takes down website after OPC takes the matter to Federal Court

Public Executions Inc.

The OPC investigated a complaint that Public Executions Inc. was disclosing debtors' personal information without consent on its website for profit. The OPC found that the website's activities constituted a commercial activity under PIPEDA, and that its primary purpose was not journalistic, but rather to shame debtors into paying. The OPC determined the complaint was well-founded, leading to legal proceedings. Subsequently, the website was taken down, and the OPC discontinued its court application.

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Personal Information Protection and Electronic Documents ActWell-founded

PIPEDA Report of Findings #2017-007: Operator of website that shamed debtors for profit takes down website after OPC takes the matter to Federal Court

Aug 8, 2017PIPEDA Report of Findings #2017-007
Adjudicator: Daniel Therrien
Plain-Language Summary

The OPC investigated a complaint that Public Executions Inc. was disclosing debtors' personal information without consent on its website for profit. The OPC found that the website's activities constituted a commercial activity under PIPEDA, and that its primary purpose was not journalistic, but rather to shame debtors into paying. The OPC determined the complaint was well-founded, leading to legal proceedings. Subsequently, the website was taken down, and the OPC discontinued its court application.

Key Issues
  • Whether the website's operation constituted a 'commercial activity' under PIPEDA.
  • Whether the website's purpose qualified as 'journalistic' and was therefore exempt from PIPEDA's consent requirements.
  • Whether the disclosure of personal information for the purpose of shaming debtors into paying was an 'appropriate purpose' under PIPEDA.
  • Whether section 7(3)(b) of PIPEDA permitted the broad disclosure of judgment debtor information.
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Newfoundland and LabradorAccess to Information and Protection of Privacy Act, 2015
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