[2012] 1 F.C.R. D-6
PRIVACY
Personal Information Protection and Electronic Documents Act
Application under Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, s. 14 wherein remedies sought for breach of privacy arising from disclosure of applicant’s personal information contained in decision letter, report of findings issued by Privacy Commissioner of Canada (PCC) which respondent posting on law firm’s Web site—Applicant engaged in dispute with insurance company over entitlements to accident benefits—PCC’s report mailed to insurance company’s solicitor—Whether respondent breaching applicant’s privacy rights by posting letter, report of findings on Web site—Although Act, case law not clear on scope of “personal information”, possible to draw conclusion that information personal if “about” identifiable individual—PCC correctly finding that since information in report “about” applicant, constituting personal information falling within Act’s scope; that Act breached by publication thereof on respondent’s Web site without applicant’s consent—Unclear what can be done with PCC’s reports since Act not addressing issue—Non-consensual disclosure of personal information respecting complainants under Act inconsistent with legislation’s intent to promote privacy interests—In choosing to publish report to provide information to industry, profession, respondent having onus to ensure that personal information about complainant not disclosed without consent—PCC properly finding Act breached herein—However, breach in present case isolated incident, not involving highly sensitive information—Failure of lawyers to take measures to protect personal information in possession thereof may justify higher award—Act, s. 16 providing no guidance as to quantum of damages that may be granted—Breach at low end of spectrum, award of $1 500 appropriate—Application allowed.
Girao v. Zarek Taylor Grossman Hanrahan LLP (T-1687-10, 2011 FC 1070, Mosley J., judgment dated September 13, 2011, 23 pp.)