PIPEDA Case Summary #315: Web-centred company's safeguards and handling of access request and privacy complaint questioned (August 9, 2005)

The Office of the Privacy Commissioner just released a finding related to a free e-mail provider's PIPEDA compliance, particularly with respect to access, security and challenging compliance. The complainant thought her estranged husband had been accessing her e-mail and was responsible for changing her password on a number of occasions. Trying to deal with customer service people at the e-mail provider proved fruitless and the Assistant Commissioner found that the company was not in compliance with Principle 10 of PIPEDA, which requires that any complaints be escalated to the company's privacy officer. The Assistant Commissioner also concluded that the IP address of the person who had been resetting her password might be information about a third-party, but the company could release it to the complainant becuase it could not be linked to a third-party without the assistance of the ISP involved. Finally, the Assistant Commissioner concluded that the company could not be faulted for inadequate security because the customer didn't follow the instructions to make her own password and "personal question" more secure. Read the full finding here: Commissioner's Findings - PIPEDA Case Summary #315: Web-centred company's safeguards and handling of access request and privacy complaint questioned (August 9, 2005).