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Secondary Disclosure of Subscribers Personal Information Contravenes PIPEDA
In a recent decision, the Privacy Commissioner of Canada found that the complaint of a magazine subscriber whose name and address was being sold or rented to third parties without his consent was well founded. Although the magazine's masthead contained notification of this practice, the notification was an "undistinguished, sketchy, and small-printed purpose statement" that was buried with other miscellaneous information, and that was not adequate. Further, the magazine's subscription card did not notify potential subscribers of this practice.
The Commissioner found that the magazine should have made greater efforts to direct the subscriber's attention to the secondary purpose at the time of subscription. The complainant was entitled to be fully informed and to be provided with the opportunity to opt out before any unwanted disclosure occurred. Accordingly, the Commissioner found that the organization had contravened Principles 4.2.3, 4.3.2, 4.3 and 4.5 of the Personal Information Protection and Electronic Documents Act ("PIPEDA").
For a copy of the decision, visit:
http://www.privcom.gc.ca/cf-dc/2003/cf-dc_030411_e.asp
For a copy of PIPEDA, visit: