Canadian privacy & access decisions

The Office of the Privacy Commissioner (OPC) initiated a complaint against Health Canada (HC) after HC sent 41,514 letters to "Marihuana Medical Access Program" (MMAP) clients in windowed envelopes that allowed the program name to be openly visible. The OPC also received 339 individual complaints regarding this incident. Complainants were concerned that the visible program name revealed their association with MMAP to Canada Post employees and the public, potentially impacting their careers, reputation, and safety due to the stigma associated with marihuana. HC argued that the disclosure was implicitly consented to, was a consistent use of information, or was not an unlawful disclosure by HC. The OPC found that the combination of the MMAP name and the individual's name and address constituted sensitive personal information. HC failed to demonstrate appropriate consent or that any permissible disclosures under section 8(2) of the Privacy Act applied. The OPC concluded that HC contravened the Privacy Act.

• Whether the phrase "Marihuana Medical Access Program" combined with an individual's name and address constitutes personal information under section 3 of the Privacy Act
• Whether subsequent actions by individuals (e.g., media communication) alter Health Canada's obligations under the Privacy Act
• Whether mail recipients implicitly consented to the disclosure of their personal information under section 8(1) of the Privacy Act
• Whether the disclosure was a "consistent use" under section 8(2)(a) of the Privacy Act
• Whether limiting information on return address blocks would have broad implications for government communication