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Canadian privacy & access decisions

The comprehensive archive of federal, provincial, and territorial commissioner decisions — each with a plain-language summary.

22,252 decisions in the archive
Northwest TerritoriesAccess to Information and Protection of Privacy Act
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20-236 — Workers' Safety and Compensation Commission

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QuebecAct respecting the protection of personal information in the private sector
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2020 QCCAI 164 — Impact Réadaptation

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QuebecAct respecting access to documents held by public bodies and the protection of personal information
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2020 QCCAI 173 — Municipalité de La Pêche

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Nova ScotiaFreedom of Information and Protection of Privacy Act
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20-03 — Fisheries and Aquaculture

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OntarioMunicipal Freedom of Information and Protection of Privacy Act
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Order MO-3936

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Federal (Canada)Privacy ActNot well-founded
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Jul 14, 2020Indexed Jun 30, 2026

Privacy Act restrictions on use and disclosure do not apply to publicly available personal information

Canada Border Services Agency (CBSA)

The complainant alleged that the Canada Border Services Agency (CBSA) contravened the Privacy Act by disclosing his personal medical information to his bondsperson. The CBSA had carbon copied the bondsperson on a letter containing details about the complainant's health changes while in CBSA detention. The CBSA argued that the information was publicly available because the complainant had included the same medical information in court documents as part of his litigation. The OPC found that the medical information was indeed publicly available in court records, making section 8 of the Privacy Act inapplicable under subsection 69(2). Therefore, the complaint was found to be not well-founded. The OPC noted that had the information not been publicly available, the disclosure would likely have constituted a breach of the Act, as the CBSA's operational bulletin did not sufficiently authorize the disclosure.

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Privacy ActNot well-founded

Privacy Act restrictions on use and disclosure do not apply to publicly available personal information

Jul 14, 2020
Adjudicator: Daniel Therrien
Plain-Language Summary

The complainant alleged that the Canada Border Services Agency (CBSA) contravened the Privacy Act by disclosing his personal medical information to his bondsperson. The CBSA had carbon copied the bondsperson on a letter containing details about the complainant's health changes while in CBSA detention. The CBSA argued that the information was publicly available because the complainant had included the same medical information in court documents as part of his litigation. The OPC found that the medical information was indeed publicly available in court records, making section 8 of the Privacy Act inapplicable under subsection 69(2). Therefore, the complaint was found to be not well-founded. The OPC noted that had the information not been publicly available, the disclosure would likely have constituted a breach of the Act, as the CBSA's operational bulletin did not sufficiently authorize the disclosure.

Key Issues
  • Did the CBSA disclose the complainant’s personal information?
  • Was any disclosed information “publicly available”, such that subsection 69(2) of the Act excludes application of sections 7 and 8?
  • If not, was the disclosure permitted under subsection 8(2) of the Act?
SaskatchewanFreedom of Information and Protection of Privacy Act
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REVIEW REPORT 289-2019 — SaskBuilds Corporation

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British ColumbiaFreedom of Information and Protection of Privacy Act
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F20-31 — BC OIPC order 2306

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Northwest TerritoriesAccess to Information and Protection of Privacy Act
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Review Report 20-235 — Workers' Safety and Compensation Commission

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QuebecAct respecting access to documents held by public bodies and the protection of personal information
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2020 QCCAI 166 — Ministère du Travail, de l’Emploi et de la Solidarité sociale

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Newfoundland and LabradorAccess to Information and Protection of Privacy Act, 2015
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A-2020-008 — Memorial University of Newfoundland

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OntarioMunicipal Freedom of Information and Protection of Privacy Act
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Order MO-3937

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QuebecAct respecting the protection of personal information in the private sector
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2020 QCCAI 167 — Syndicat des agents de la paix en services correctionnels du Québec (SAPSCQ-CSN)

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QuebecAct respecting access to documents held by public bodies and the protection of personal information
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2020 QCCAI 174 — Municipalité de Terrasse-Vaudreuil

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OntarioPersonal Health Information Protection Act
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PHIPA DECISION 124

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