Canadian privacy & access decisions

The complainant alleged that Transport Canada failed to conduct a reasonable search for records in response to an access request concerning communications between Transport Canada and the Royal Canadian Mounted Police (RCMP) related to Class D operation with a single engine helicopter. Initially, Transport Canada located only two pages. During the OIC's investigation, Transport Canada conducted additional searches, identifying approximately 690 more responsive pages. While the institution argued that consultations with the RCMP would take at least six months, the Commissioner found that a reasonable search had ultimately been conducted. However, the Commissioner ordered Transport Canada to process these additional records and provide a new response to the complainant within 60 business days, emphasizing that the institution bears ultimate responsibility for ensuring consultations do not unduly delay access. The complaint was found to be well founded.

• Whether Transport Canada conducted a reasonable search for records
• Whether the consultation process with the RCMP unduly delayed access

The OPC investigated a complaint against Google regarding its search engine displaying outdated media articles about the Complainant's HIV status and a stayed criminal charge when their name was searched. The Complainant alleged these articles caused significant harm, including physical assault and lost employment, and sought their de-listing from name-based search results. The OPC's jurisdiction over Google's search engine under PIPEDA was affirmed by the Federal Court and Federal Court of Appeal, rejecting Google's claims of non-commercial activity and journalistic exemption. The OPC found Google did not contravene Principle 4.6 (accuracy), as its responsibility was for the search results accurately reflecting linked content, not the content itself. However, the OPC concluded that Google contravened subsection 5(3) (appropriate purposes), determining that the significant harms to the Complainant's safety and dignity outweighed the limited public interest in the articles remaining linked to their name. The OPC recommended Google de-list the articles from searches for the Complainant's name, balancing privacy rights with freedom of expression. Google declined to implement this recommendation, stating it required further court guidance on the "right to de-listing" and Charter implications. Consequently, the complaint was found well-founded and unresolved regarding subsection 5(3), and not well-founded for the accuracy issue.

• Whether PIPEDA applies to Google's search engine service as a commercial activity within the meaning of paragraph 4(1)(a) of PIPEDA
• Whether the operation of Google’s search engine service is excluded from the application of Part 1 of PIPEDA by virtue of paragraph 4(2)(c) of PIPEDA because it involves the collection, use or disclosure of personal information for journalistic, artistic or literary purposes and for no other purpose
• Whether Google is contravening Accuracy requirements under Principle 4.6 of Schedule 1 of PIPEDA by continuing to display the search results in response to searches for the Complainant’s name
• Whether Google is contravening subsection 5(3) of PIPEDA by continuing to display the search results in response to searches for the Complainant’s name, considering whether the purposes are appropriate in the circumstances
• Whether the accessibility of information in response to a search for the Complainant's name causes significant harm to the Complainant
• Whether the significant harm to the Complainant outweighs the public interest in the search results remaining available through Google's search engine by searching the Complainant's name
• Whether Google collected, used, or disclosed personal information without consent under Principles 4.3.4 and 4.3.8 of Schedule 1 of PIPEDA (OPC declined to address)