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Inquiries/Potential Complaints
Individuals may contact OPC by letter, by telephone or in person.
Office of the Privacy Commissioner of Canada
Investigations and Inquiries Branch
112 Kent Street
Place de Ville, Tower B
Ottawa ON K1A 1H3
1 800 282 1376
Inquiries staff assist the individual by responding to the inquiry, or by referring the individual to another body as appropriate. If the individual's inquiry involves a potential privacy breach, inquiries staff (in consultation with Legal, as needed), assess OPC's jurisdiction over the matter before opening a formal individual complaint under section 11(1) of PIPEDA.
Jurisdictional Determination
In assessing whether a matter falls within OPC jurisdiction under PIPEDA, several factors are considered:
- PIPEDA covers personal information collected, used or disclosed by a federal work, undertaking or business (FWUB) since 1 January 2001. Examples of FWUBs operating in those sectors include: telecommunications, broadcasting, inter-provincial or international trucking, shipping, railways, or other transportation, aviation, banking, nuclear energy, activities related to maritime navigation and shipping (including, for example, ports and longshoring). All organizations in Yukon, Nunavut, and the Northwest Territories are considered to be FWUBs.
- PIPEDA covers personal information collected, used or disclosed in the course of a commercial activity in provinces which do not have private sector legislation that has been deemed to be substantially similar to PIPEDA - namely, Saskatchewan, Manitoba, Ontario, New Brunswick, Nova Scotia, PEI and Newfoundland. For more information as to what is a commercial activity, please see the fact sheet on our website concerning non-profit and charitable organizations at http://www.privcom.gc.ca/fs-fi/02_05_d_19_e.asp.
As for the other provinces, Alberta, British Columbia, and Quebec** each has a general private sector privacy law that has been deemed to be substantially similar to PIPEDA. Therefore, PIPEDA does not apply to the collection, use or disclosure of personal information by private sector organizations otherwise covered by these provincial laws, but still continues to apply to any FWUB in those provinces. Ontario's health privacy law has likewise been deemed substantially similar, but only in respect of health information custodians operating in the private sector. For more information on the intersection between PIPEDA and these substantially similar laws, see http://www.privcom.gc.ca/legislation/ss_index_e.asp.
- PIPEDA applies to personal information about employees of FWUBs only. The law does not cover employee information of non-FWUBs. For more on the application of PIPEDA to Employee Records, see our fact sheet at http://www.privcom.gc.ca/fs-fi/02_05_d_18_e.asp
- PIPEDA applies to personal information in interprovincial and international transactions by all organizations subject to the Act in the course of their commercial activities.
- PIPEDA may cover organizations outside Canada as well. This will depend on the existence of a real and substantial connection between the subject matter and Canada. A variety of factors may be explored including:
- location in which the activity complained of takes place;
- location to which information and profits flow;
- location of preparatory activities;
- residency and/or location of parties involved including end users, intermediaries, content providers or host servers; location of contract;
- location of any potential related proceedings;
- jurisdiction where promotional efforts are primarily targeted.
This list is not intended to be exhaustive. The analysis of real and substantial connecting factors requires a flexible, contextual approach on a case by case basis.
- PIPEDA does not apply to any government institution to which the Privacy Act applies nor to any agent of Her Majesty in right of Canada or a province unless it is specifically cited in a regulation or order pursuant to PIPEDA. PIPEDA also does not apply to information that an individual collects, uses or discloses for personal or domestic purposes and does not collect, use or disclose for any other purpose. Nor does PIPEDA apply to an organization which collects, uses or discloses personal information for journalistic, artistic or literary purposes and does not collect, use or disclose them for any other purpose.
- As a general rule, PIPEDA does not apply to the core activities of municipalities, universities, schools and hospitals (the "MUSH" sector). Core activities are those that are central to the mandate and responsibilities of these institutions. MUSH institutions may sometimes engage in commercial activities outside its core mission, which may trigger the application of PIPEDA. Moreover, since all organizations in the Territories are considered to be FWUBs, PIPEDA applies to information about employees of municipalities, universities, schools and hospitals in the Territories. For more information on the MUSH sector, see our fact sheet at http://www.privcom.gc.ca/fs-fi/02_05_d_25_e.asp
** Related Links:
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