Canadian Privacy Decisions

An individual complained that a telecommunications company failed to obtain adequate consent for the secondary marketing use and disclosure of customer data. The investigation found that the company's privacy code, policy, and customer activation process sufficiently informed customers of its marketing practices and their right to opt-out. The company also complied with CRTC restrictions on disclosing customer information. As a result, the Assistant Privacy Commissioner concluded that the company was in compliance with PIPEDA.

• Adequacy of consent for secondary marketing purposes
• Clarity and accessibility of privacy policies
• Company's process for informing customers of data use and opt-out options

An individual complained that a telecommunications company failed to obtain proper consent for using and sharing customer data with affiliates for secondary marketing purposes. The company made its privacy policy available online and in distributed documents, but did not actively draw customers' attention to it during the sign-up process, making the information difficult to find. The Assistant Privacy Commissioner found that the company did not make reasonable efforts to inform customers about how their data would be used, leading to a contravention of PIPEDA principles regarding knowledge and consent for secondary uses of personal information.

• Adequacy of consent for secondary marketing purposes
• Company's efforts to inform customers of privacy practices
• Accessibility and clarity of privacy policy information
• Reasonable expectations of customers regarding data use