Canadian privacy & access decisions

The complaint concerned 411Numbers, an operator of websites providing free access to telephone numbers and associated information, including unlisted numbers, and formerly charging a fee for removal. The complainant alleged collection without consent, use for an inappropriate purpose (paid removal), over-collection of information for removal services, and unresponsiveness to privacy queries. The OPC asserted jurisdiction over 411Numbers due to a 'real and substantial connection' to Canada, despite its Hong Kong incorporation. The OPC found that 411Numbers contravened Principle 4.3 by publishing unlisted numbers without consent, as they are not 'publicly available' under the Regulations. The practice of charging for removal ceased during the investigation, resolving that aspect, though the OPC noted it would likely be an inappropriate purpose. The OPC also found contraventions of Principle 4.3.3 for over-collecting identification for removal requests and Principles 4.1, 4.1.2, 4.1.4, 4.8, and 4.10 regarding accountability, openness, and challenging compliance. Based on 411Numbers' commitments to remove unlisted data, improve due diligence, and enhance its privacy practices, the matter was deemed well-founded and conditionally resolved.

• Whether the OPC had jurisdiction over 411Numbers, a Hong Kong-incorporated company with servers outside Canada, due to a 'real and substantial connection' to Canada.
• Whether 411Numbers collected, used, and disclosed the complainant's personal information (unlisted phone number, name, address) without knowledge and consent, contravening Principle 4.3.
• Whether information associated with unlisted telephone numbers constitutes 'publicly available' information under paragraph 1(a) of the Regulations Specifying Publicly Available Information.
• Whether 411Numbers exercised due diligence to ensure its databases did not include unlisted numbers.
• Whether publishing personal information for the purpose of encouraging individuals to pay to have it removed constitutes an inappropriate purpose under s. 5(3) of PIPEDA.
• Whether 411Numbers required individuals to provide more information than necessary for removal services, contravening Principle 4.3.3.
• Whether 411Numbers met its obligations regarding accountability under Principles 4.1, 4.1.2, and 4.1.4.
• Whether 411Numbers met its obligations regarding openness under Principle 4.8 and 4.8.3.
• Whether 411Numbers met its obligations regarding challenging compliance under Principle 4.10.