Canadian privacy & access decisions

A complaint was filed against the Royal Canadian Mounted Police (RCMP) alleging that it used cell site simulators (MDIs or "Stingray" devices) to monitor large groups, intercept private communications, and extract encryption keys without public knowledge or consent. The RCMP confirmed its use of MDIs, stating they only collect unique device identifiers (IMSI/IMEI) and are not capable of intercepting private communications. The Office of the Privacy Commissioner (OPC) investigated, including a technical demonstration, and found that the RCMP's MDIs are indeed not capable of intercepting private communications. The OPC also reviewed the legal authority for MDI use, finding that for 113 out of 125 deployments, prior judicial authorization was obtained, and for 7 others, exigent circumstances applied. However, in 6 instances, the RCMP deployed MDIs without prior judicial authorization or exigent circumstances, which the OPC found to be a contravention of section 4 of the Privacy Act. The OPC noted that the RCMP has since taken steps to remedy this by requiring prior judicial authorization for all MDI deployments unless exigent circumstances are present. The OPC also found that the RCMP's handling of third-party data collected by MDIs, including segregation, security, retention, and destruction, was appropriate.

• Whether RCMP uses cell site simulators (MDIs)
• Whether RCMP's MDIs are capable of intercepting private communications (voice, text, email, encryption keys)
• Whether RCMP's collection of personal information using MDIs relates directly to an operating program or activity (s.4 Privacy Act)
• Whether RCMP's collection of personal information using MDIs was lawful and Charter-compliant, specifically regarding prior judicial authorization
• Whether exigent circumstances justified warrantless MDI deployments in certain cases
• Whether RCMP's collection of personal information using MDIs complied with direct collection and notification requirements (s.5 Privacy Act)
• Whether the RCMP adequately handles, retains, and disposes of third-party personal information (IMSI/IMEI numbers) collected by MDIs
• Whether the wording in warrants and policies provides adequate protection for collected personal information

The Office of the Privacy Commissioner of Canada (OPC) investigated complaints against Public Executions Inc., operator of publicexecutions.ca, a website that published personal information of judgment debtors for a fee. Complainants alleged their privacy rights under PIPEDA were breached by the website's practice of "naming and shaming" them into paying debts. The website owner argued PIPEDA did not apply, claiming it was not a commercial activity, was exempt as journalism, and that disclosures were permitted for debt collection. The OPC found that the website's fee-based service constituted a commercial activity under PIPEDA. It rejected the journalistic exemption, noting the lack of original production and journalistic discipline. The OPC concluded that broadly publicizing debtor information for financial gain and coercion was not an appropriate purpose under subsection 5(3) of PIPEDA, especially given existing legal mechanisms and regulations for debt collection. Furthermore, the OPC clarified that paragraph 7(3)(b) of PIPEDA, which allows disclosure for debt collection, does not permit indiscriminate disclosure to the public. Initially, the complaint was found well-founded and unresolved, as the website owner refused to comply with recommendations. However, after the OPC initiated Federal Court proceedings, the website was taken down, leading the OPC to discontinue its application.

• Whether the website's activities constituted "commercial activity" under paragraph 4(1)(a) of PIPEDA.
• Whether the website qualified for the "journalistic purposes" exemption under paragraph 4(2)(c) of PIPEDA.
• Whether the collection, use, and disclosure of personal information by the website was for purposes that a reasonable person would consider "appropriate in the circumstances" under subsection 5(3) of PIPEDA.
• Whether the disclosure of personal information was permitted without consent for the purpose of collecting a debt under paragraph 7(3)(b) of PIPEDA.