COVID-19 Resource Centre : McInnes Cooper’s Commitment in Action Read More
March 25, 2015
On March 3, 2015 Canada’s Privacy Commissioner determined that Health Canada breached privacy laws by mailing letters to over 40,000 Marihuana Medical Access Program clients – in envelopes clearly displaying the names of both the Program and the recipients. The Privacy Commissioner’s decision is based on the privacy law applicable to the Federal Government, but similar privacy laws apply to all Canadian private sector organizations – making this decision relevant to all organizations operating in Canada.
These days, electronic communication gives “snail mail” a run for its money when it comes to communicating with customers and contacts. The recent implementation of Canada’s Anti-Spam Legislation (CASL) has focused attention on the privacy laws applicable to electronic communications; for more on CASL, visit McInnes Cooper’s CASL Knowledge Page at mcinneslegacy.sbox-1.vsrv.io/services/privacy/casl/.
Despite this, traditional mail is still a significant mode of business communications; the cumbersome CASL rules might even lead to increased use of it. But there are also privacy laws – and risks – applicable to traditional mail, as the Privacy Commissioner’s finding demonstrates.
THE PRIVACY COMPLAINT
Health Canada handles Canada’s Marihuana Medical Access Program. In 2013, Health Canada needed to mail letters to 41,514 of the Program’s clients. It didn’t have a policy about the return address information for its letters, but normally used envelopes preprinted with the recipients’ information and a return address that didn’t reveal the Program name. But this time, there was a problem with the envelopes. Health Canada was in a hurry, so it repackaged the letters in envelopes with oversized windows through which the recipient’s address – and the full Program name – was clearly visible.
Over 300 of the Program members who received the letters lodged privacy complaints. They said Health Canada breached the privacy law by disclosing their personal information (their identity and involvement with the Program) to postal employees and the public without their consent. The Privacy Commissioner of Canada agreed: read his decision in the Marihuana Medical Access Program Complaint under the Privacy Act.
3 LESSONS DELIVERED TO THE PRIVATE SECTOR
The Privacy Commissioner’s decision is based on the privacy law applicable to the Federal Government. However, the federal and provincial privacy laws that apply to the public and private sectors contain similar provisions – making this decision relevant to all organizations operating in Canada. Here are 3 lessons they can learn from Health Canada’s privacy breach:
Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Privacy Law Team to discuss this topic or any other legal issue.
McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.
© McInnes Cooper, 2015. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent.
Apr 13, 2021
On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in…
Mar 31, 2021
Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…
Mar 26, 2021
Merger and acquisition deals are still happening across all sectors, perhaps at an even higher rate than pre-COVID-19 pandemic, even if the…
Mar 19, 2021
Recently, New Brunswick temporarily broadened the eligibility for its Skilled Worker Stream through its Provincial Nominee Program (PNP),…
Mar 18, 2021
Your startup idea has blossomed into a viable business: you’ve incorporated a company, it’s been growing steadily, and you’re at the stage…
Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.