Canadian privacy & access decisions

A complainant alleged that Grey House Publishing Canada (Grey House) collected, used, and disclosed his personal information without consent by publishing it in its directories and selling it to Economic and Social Development Canada (ESDC) for email distribution. Grey House argued the information was business contact information, not personal information, and that its activities were not commercial. The OPC found the information was personal information and Grey House's activities were commercial. The OPC determined Grey House did not obtain adequate consent, as the publicly available information exceptions did not apply and the complainant could not have reasonably expected such use. The OPC also found Grey House's privacy statement contravened the openness principle. Grey House removed the complainant's information and agreed to revise its privacy statement.

• Whether the complainant's contact information constituted 'personal information' under PIPEDA
• Whether Grey House Publishing Canada was engaged in 'commercial activity' under PIPEDA
• Whether Grey House obtained adequate consent for the collection, use, and disclosure of the complainant's personal information
• Whether the 'publicly available information' exceptions to consent applied
• Whether Grey House's privacy statement met the 'openness' principle under PIPEDA

The complainant alleged that Employment and Social Development Canada (ESDC) improperly collected his personal information a second time, despite his previous objection, through Grey House Publishing Canada for the Prime Minister’s Volunteer Awards program. ESDC maintained that it acquired the distribution list compliantly, relying on its contract with Grey House which stipulated compliance with Canadian legislation and consent. The OPC found that while ESDC was not required to collect the information directly for administrative purposes, it failed to ensure Grey House obtained proper consent as per their contract and continued to collect the complainant's information despite his explicit request to be removed. The OPC concluded that ESDC did not comply with section 4 of the Privacy Act.

• Whether the complainant's name, telephone number, and email address constitute personal information under the Act
• Whether ESDC was required to collect personal information directly from the complainant under section 5 of the Act
• Whether ESDC complied with section 4 of the Act regarding the collection of personal information
• Whether ESDC adequately ensured Grey House Publishing Canada complied with consent requirements as per their contract
• Whether ESDC improperly collected the complainant's information after he requested removal from the distribution list