Canadian Privacy Decisions

A joint investigation by the OPC and three provincial privacy authorities found that Tim Hortons collected granular location data from users of its mobile app without an appropriate purpose and without valid consent. The company tracked users' locations even when the app was closed, inferring details like home and work locations, ostensibly for targeted advertising, but ultimately did not use the data for this stated purpose. The investigation also raised concerns about contractual protections with a third-party vendor and Tim Hortons' overall accountability.

• Collection and use of granular location data for an appropriate purpose
• Obtaining valid consent for location data collection
• Adequacy of contractual protections for data processed by third parties
• Tim Hortons' accountability for privacy practices

This investigation examined a privacy breach experienced by a contractor for the Canada Border Services Agency (CBSA), which was targeted by a ransomware attack. Personal information, specifically licence plate images captured at Canadian border crossings, was accessed and some was posted online. The OPC found that the CBSA had contravened the Privacy Act due to inadequate security safeguards in its contract with the contractor and its inconsistent handling of licence plate data as personal information. The investigation concluded the complaint was well-founded but resolved, as the CBSA agreed to implement recommendations to improve its contracting and data protection practices.

• Whether licence plate image files, including metadata, constitute personal information under the Privacy Act.
• Whether the CBSA contravened the disclosure provisions of the Privacy Act.
• Whether the CBSA had adequate security safeguards in its contract with a third-party contractor.
• Whether the CBSA adequately managed the retention of personal information.

The Information Commissioner initiated a systemic investigation into Library and Archives Canada (LAC) due to consistently delayed responses to access requests over several years. The investigation found that nearly 80% of requests completed by LAC during the period under review did not meet the timeframes stipulated by the Access to Information Act. The Commissioner made ten recommendations to the Minister of Canadian Heritage, and subsequently tabled a special report in Parliament highlighting issues at LAC and broader challenges within the access to information system.

• Timeliness of access to information requests
• Consultation processes between institutions
• Lack of a government-wide declassification framework