Cease-Collection-and-Destruction Order Issued for Personal Information Collected from Used-Goods Stores

The Ontario Information and Privacy Commissioner, Ann Cavoukian, has ordered the Ottawa Police Services (Ottawa Police) and City of Ottawa to stop collecting personal information on individuals selling goods at used-goods stores and to destroy all personal information collected. The Commissioner launched an investigation into the collection practices of the Ottawa Police after receiving a complaint. Under a municipal bylaw, used-goods stores were required to collect details of a transaction such as the date and time, a description of goods sold and purchase price of goods or description of goods exchanged. Personal information of the seller was also required including two pieces of government-issued identification, date of birth, name, address and approximate height and weight. This information was provided to the Ottawa Police either in paper form or electronically. The paper records were filed and retained by the Ottawa Police. However, the electronic records formed a database which was accessible by both the Ottawa Police and the other police services across Canada. The database contained information on approximately 250,000 transactions and 44,000 identifiable individuals. The Commissioner cited the recent Ontario Court of Appeal decision, Cash Converters Canada Inc v Oshawa (City), in which portions of a similar municipal bylaw were struck down in contravention of the Municipal Freedom of Information and Privacy Act (Ontario) (see the E-TIPS® article, "Ontario Appeals Court Strikes Down Surveillance By-Law" in Vol 6, No 4, August 15, 2007). The Commissioner found that the broad scope of personal information collected could not be justified as necessary for the purposes of health and safety, nuisance control or consumer protection. Of particular concern was the accessibility of detailed personal information by the police without a search warrant or suspicion of criminal activity. The Ottawa Police have indicated that they will immediately comply with the order and begin a review of the order. For the full-text of the reasons for judgment in the Cash Converters Canada Inc case, (2007) OJ No. 2613, see: http://www.ontariocourts.on.ca/decisions/2007/july/2007ONCA0502.pdf For the Commissioner's News Release, visit: http://www.ipc.on.ca/index.asp?navid=55&fid1=649 For the full-text of the Commissioner's Order, visit: http://www.ipc.on.ca/index.asp?navid=53&fid1=7750 For the Ottawa Police Services' News Release, see: http://tinyurl.com/2umfqv Summary by: Lauren Lodenquai