Latest IPC Decisions

The Municipality forwarded an access request to Chatham-Kent Energy and Chatham-Kent Energy forwarded a copy of its response to the access request to the Municipality.

Section 2(1)(personal information) - information about the Complainant's utilities account qualifies as personal information.

Section 18(2)(access) - request was appropriately transferred by the Municipality to Chatham-Kent Energy in accordance with the Act.

Section 28(2)(collection) - the response to the access request was not collected by the Municipality within the meaning of the Act.

Recommendation:

The Municipality should fully delete all electronic copies of Chatham-Kent Energy's response to the access request and securely shred any paper copies in its possession.

Chatham-Kent Energy forwarded a copy of its response to an access request to its Chief Executive Officer and to the Municipality of Chatham-Kent.

Section 2(1)(personal information) - information about the Complainant's utilities account qualifies as personal information.

Section 32 (Disclosure) - Chatham-Kent Energy improperly disclosed the Complainant’s personal information to its Chief Executive Officer and to the Municipality of Chatham-Kent.

Recommendations:

1. Chatham-Kent Energy should develop guidelines for the processing of FOI requests that are in accordance with the Act.

2. Chatham-Kent Energy should ask the Municipality of Chatham-Kent to fully delete all electronic copies of the November 6, 2007 email and to securely shred any paper copies in its possession.

Use of complainant’s e-mail address by former City Councillor and TTC Chair to send e-mail advising that he would no longer be serving in those capacities.

Issues:

• Section 2(1) (personal information) – the complainant’s e-mail address qualifies as personal information.

• Custody or control (City of Toronto) – the e-mail record was in the City’s custody or control.

• Custody or control (TTC) – The e-mail record was in the TTC’s custody or control.

• Section 31 (use) – the City’s use of the record was not in accordance with the Act.

• Section 31 (use) the TTC’s use of the record was not in accordance with the Act.

Recommendations:

1. The City should amend the Code of Conduct for Members of Local boards to clarify that correspondence should only be used in accordance with the Act. 

2. The City should strongly encourage all current members of Council to attend a training session on access and privacy.

3. The TTC should circulate a memorandum to all of its current board members addressing the importance of protecting the privacy of the personal information contained in correspondence received from members of the public.

• Collection of the date of birth of complainants by the Office of the Independent Police Review Director (OIPRD).

• Section 2(1) (personal information) - the date of birth of OIPRD complainants qualifies as personal information.

• Section 38(2) (collection) - the collection of the personal information was in accordance with the Act.

• Practices respecting the complainants’ personal information.

• Section 2(1) (personal information) – the information contained in the complainants’ correspondence qualifies as personal information.

• Section 2(1) (personal information) – the information described in the memorandum in question does not qualify as personal information.

• Section 28(2) (collection) - the personal information in question was not “collected” under the Act.

• Section 29(2) (notice) -notice of collection was not required.

• Section 31 (use) - the personal information was used in accordance with the Act.

• Section 32 (disclosure) - the personal information was disclosed in accordance with the Act.

Implementation of a student survey.

• Section 2(1) (personal information) – the information collected through the survey qualifies as personal information.

• Section 28(2) (collection) – the collection of the personal information is in accordance with section 28(2) of the Act.

• Section 29(2) (notice) – the Notice of Collection satisfies the requirements under section 29(2) of the Act.

• Section 31 (use) – the Board’s contemplated uses of personal information are in accordance with section 31 of the Act.

• Section 32 (disclosure) – the Board’s contemplated disclosure of the personal information is in accordance with section 32 of the Act.

• Section 3(1) of Regulation 823 (security) – the Board has reasonable measures in place to prevent unauthorized access to records.

Recommendations:

• None

• Disclosure of confidential report containing complainant’s personal information

• Section 2(1) (personal information) - the report contained personal information.

• Section 32 (disclosure) - the personal information was not disclosed in accordance with the Act.

• Section 3(1) Regulation 823 (security) - the City had reasonable measures in place to prevent unauthorized access to the records.

Recommendations:

• None

• Collection of new customer information from a hydro utility.

• Section 2(1) (personal information) - the information qualifies as personal information.

• Section 28(2) (collection) - the collection of the personal information was not in accordance with the Act.

• Section 31 (use) - the use of the personal information was not in accordance with the Act.

• Section 30(4) (disposal) - the City has properly disposed of the personal information in question.

Recommendations:

• None

• Video Surveillance in the Mississauga Civic Centre

• Section 2(1) (personal information) - the information qualifies as personal information.

• Section 28(2) (collection) - the personal information was collected in accordance with the Act.

• Section 29(1) (notice) - the City has provided notice of collection as required under the Act.

• Section 31 (use) - the City's use of the personal information was in accordance with the Act.

• Section 32 (disclosure) - the disclosure of the personal information was in accordance with the Act.

• Section 3(1) of O.R. 823 (security) - the City had adequate security measures in place.

• Section 5 of O.R. 823 (retention) - the City had satisfactory retention policies in place.

Recommendations:

• none

• Telephone survey of residents of the Township of Wainfleet.

• Section 2(1) (personal information) - the information qualifies as personal information.

• Section 28(2) (collection) - the personal information was collected in accordance with the Act.

• Section 29(2) (notice) - the notice requirement was only partially satisfied.

• Section 3(1) of O.R. 823 (security) - the Region did not have adequate security measures in place.

• Recommendation: In future, the Region should ensure that language is included in purchase authorization documents or contracts providing that all personal information is dealt with in accordance with the Act.

• Fraudulent driver's licence address changes on the ServiceOntario website.

• Section 2(1) (personal information) The records contained personal information.

• Section 42 (disclosure) The disclosure of the personal information was not in accordance with the Act.

• Section 4(1) of O.R. 460 (Security) MGS did not have reasonable security measures in place.

• Recommendations:

1. Continue to develop long-term solutions for online authentication.

2. Develop measures to better detect and report on suspicious changes of address.

• Disclosure of complainants' address by a by-law enforcement officer

• Section 2(1) (definition of personal information) - the address was the complainants' personal information

• Section 32 (disclosure) - the disclosure was in accordance with the Act.

• Information contained in a Report of the Integrity Commissioner for the City of Vaughan

• Section 2(1) (definition of personal information) - the Report contained personal information.

• Section 32 (disclosure) - the disclosure of the personal information was in accordance with the Act.

• E-mails sent to a list of recipients providing information about events.

• Section 2(1) (definition of personal information) - the e-mails contained some personal information.

• Section 38(2) (collection) - the records were not collected under the Act.

• Section 39(2) (notice) - the University was not required to provide Notice of Collection.

• Section 41(1)(b) - the use of the personal information was in accordance with the Act.

• Letters and public meeting documentation posted on City’s website.

• Section 2(1) (definition of personal information) - the information in the public meeting documentation, and in letters A and B, qualifies as personal information.

• Section 32 (disclosure) - the disclosure of the complainant’s identity in the public meeting documentation was in accordance with the Act.

• Section 32 (disclosure) - the disclosure of letter B to the external auditor and on the City’s website was in accordance with the Act.