Canadian privacy & access decisions

The Office of the Privacy Commissioner of Canada (OPC) and the Office of the Australian Information Commissioner (OAIC) jointly investigated Avid Life Media Inc. (ALM), operator of the Ashley Madison dating website, following a massive data breach in 2015 that exposed approximately 36 million user accounts. The investigation focused on ALM's information handling practices, including its security safeguards, data retention policies, email address accuracy, and transparency with users. The OPC found multiple contraventions of PIPEDA, concluding that ALM lacked an adequate security framework, retained personal information indefinitely, charged a fee for account deletion, and failed to ensure the accuracy of email addresses. Furthermore, ALM's use of a deceptive "trusted security award" trust-mark and unclear retention policies invalidated user consent. ALM agreed to implement all recommendations, leading to a "well-founded and conditionally resolved" outcome, and entered into a compliance agreement with the OPC. Corrective measures included enhancing security, revising retention periods, offering free deletion, and improving transparency.

• Whether ALM's security safeguards were appropriate to the sensitivity of the information under PIPEDA Principle 4.7.
• Whether ALM implemented policies and practices to give effect to the Principles, including procedures to protect personal information, under PIPEDA Principle 4.1.4.
• Whether ALM's indefinite retention of personal information for deactivated or inactive accounts contravened PIPEDA Principle 4.5.
• Whether ALM's failure to establish maximum retention periods for personal information contravened PIPEDA Principle 4.5.2.
• Whether ALM's practice of charging a fee for the complete deletion of personal information contravened an individual's right to withdraw consent under PIPEDA Principle 4.3.8.
• Whether ALM took reasonable steps to ensure personal information (email addresses) was accurate, complete, and up-to-date as necessary for its purposes, taking into account the interests of the individual, under PIPEDA Principle 4.6 and 4.6.1.
• Whether ALM's consent for the collection, use, or disclosure of personal information was valid, given the nature, purpose, and consequences, under PIPEDA s.6.1 and Principle 4.3.
• Whether ALM made information about its personal information handling policies and practices readily available and understandable, and did not obtain consent through deception, under PIPEDA Principle 4.8, 4.8.1, and 4.3.5.

In 2015-2016, the Commissioner conducted a systemic investigation into Parks Canada's approach to processing access to information requests. The investigation highlighted the importance of collaboration between institutions and the Commissioner to achieve positive systemic changes for access rights. This case illustrated how an institution's engagement during an investigation could lead to improvements in its access to information practices. The Commissioner's findings focused on the institution's overall approach rather than specific exemptions or individual complaints. The outcome emphasized the benefits of leadership and cooperation in addressing systemic issues related to access to information.

• Parks Canada's approach to processing access requests
• Systemic issues in access to information practices

A Canadian financial institution reported a privacy breach where a fraudster used deceptive impersonation techniques to obtain contact information for approximately 100 customers from its customer service centre employees. The fraudster then contacted these customers directly to extract additional sensitive personal information, potentially exposing them to identity theft. Upon discovering the incident, the financial institution alerted the OPC, conducted an investigation, and notified all affected customers, offering them complimentary credit protection monitoring. The institution also advised customers on how to prevent fraud and implemented enhanced controls and additional staff training to mitigate recurrence. No reports of fraud related to credit or debit cards were received by the institution as a result of the incident.

• Whether the financial institution adequately protected customer personal information from unauthorized disclosure by a fraudster
• Whether the financial institution took appropriate steps to mitigate the impact of the breach and prevent recurrence