Canadian Privacy Decisions

This special report details an investigation into unauthorized disclosures and modifications of taxpayer personal information at the Canada Revenue Agency (CRA). The Office of the Privacy Commissioner (OPC) found that the CRA contravened the Privacy Act regarding accuracy and disclosure of personal information. While the CRA has made efforts to improve its security, shortcomings remain in prevention, monitoring, detection, remediation, and governance, particularly concerning the handling of "Unauthorized Use of Taxpayer Information by a Third Party" (UUTP) incidents. The investigation concluded that the CRA contravened subsections 6(2) and 8(2) of the Act.

• Adequacy of safeguards to protect taxpayer personal information from unauthorized disclosure and modification.
• Timeliness and strength of multi-factor authentication implementation.
• Effectiveness of monitoring and detection mechanisms for UUTPs.
• Coordination and proactivity of the CRA's governance for addressing UUTPs.

This joint investigation by privacy authorities across Canada found that OpenAI contravened privacy laws in its collection, use, and disclosure of personal information through its ChatGPT models GPT-3.5 and GPT-4. Specifically, the investigation found that OpenAI's collection of personal information from publicly accessible websites for training purposes was overbroad and inappropriate. The company also failed to obtain valid consent and be sufficiently transparent about its data practices. While OpenAI has since implemented new mitigation measures and committed to further improvements, some provincial authorities found the new measures insufficient to meet their specific legislative requirements.

• Appropriateness of purpose for data collection and use
• Validity of consent and transparency obligations
• Accuracy of generated information
• Individual rights to access, correction, and deletion

The Office of the Privacy Commissioner of Canada (OPC) investigated the Canada Border Services Agency's (CBSA) contracting practices related to the ArriveCAN application following a complaint and a request from a parliamentary committee. The investigation examined whether contractors had inappropriate access to travellers' personal information. While the OPC found no contravention of the Privacy Act, it identified shortcomings in the CBSA's contracting processes, such as issues with the timeliness and accuracy of security assessments and broad task descriptions in contracts. The OPC made recommendations to improve the CBSA's practices, which the agency accepted.

• Whether CBSA authorized contractors to access personal information without required security clearances.
• Accuracy and timeliness of security requirement assessments for contracts.
• Clarity and specificity of task descriptions in contracts and task authorizations.
• CBSA's compliance with security requirements for personnel and organizations involved in ArriveCAN contracts.