- The member requested PIPEDA - FOIP Freedom of Information from the Credit Union December 19, 2019 for all audio, video, email or documentation that were factual or subjective concerning the Credit Union's characterization of the Member.
- The Credit Union Responded to the members PIPEDA-FOIP request January 21, 2020; including the request for documents going back to 2007 via an unsecured email; Court file QBG 290/16, Saskatchewan Human Rights Commission Credit Union Respondent Questionnaire for members Aug 5, 2016 second complaint, and up to current date of their response for notes on the Credit Union System and asked which employees accessed the members account and for what reasons (which employees accessed the members file; was never provided under PIPEDA).
- The last paragraph of the opening letter from the Credit Union "Please note on a go forward basis, any and all further communication regarding this matter is to be directed to my office, attention Jeffrey D. Kerr as counsel for the Credit Union. Any further response to ANY MATTERS ARISING FROM PAST DEALINGS WITH THE CREDIT UNION, will be responded to and dealt with through our office as both the Credit Union's executive team and board has retained our office to represent this matter.
- Why involve a lawyer, if there has been no wrong doing? The member has only requested PIPEDA as her right to do so under the law.
- The Member unsatisfied with the Credit Union's PIPEDA response, submitted a complaint to the OPCC April of 2020, which was accepted for investigation; File: PIPEDA-039834.
- June 2020, an email from the OPCC; I am writing further to your letter of 20 April 2020. Based on the information you provided, I have commenced an investigation under the Personal Information Protection and Electronic Documents Act that Synergy Credit Union (‘’Synergy’’):
- Did not provide you with access to your personal information
- a. As half of the information provided is not generally understandable due to the poor image quality
- b. As information is missing from the records supplied
- Collected, used and disclosed Facebook posts you made in a private group called ‘’What’s happening in Lloydminster’’ without your consent and for inappropriate purposes.
- Has not implemented effective policies and practices to give effect to the principles listed in Schedule 1 of PIPEDA.
- Specifically, you made an access request for all information held about you by Synergy on 22 December 2019. You received a response on 21 January 2020. You allege that half of the documents received are blemished to the extent that the content is unreadable. You also allege that records are missing from this response including information regarding your first Human Rights complaint started 10 November 2011, information regarding the complaint you submitted to the Credit Union on 19 October 2016 and audio recording of phone calls you made or received from Synergy. You wrote to Synergy on multiple occasions requesting the missing records. The last email from them on 6 April 2020 outlines that Synergy has re-reviewed the request and came to the conclusion that they provided everything they had on 21 January 2020. It also said: ‘’We must highlight that while Synergy has a system that can record phone calls, these are not itemized or catalogued in such a way that they can be recalled. It is NOT technologically possible for Synergy to recall or locate this information’’.
- In addition, in the documents received on 21 January 2020, you found Facebook posts that you had published on a private Facebook group. These posts were included in your employee file and shared with other employees, Board members and to Human Rights Commission during the second complaint you made.
The Credit Union's Response to the Member's multiple Requests for Accuracy under the LAWS of PIPEDA
- Attached Letter dated August 25, 2020 from the Credit Union in response to a request for corrections of false impressions, "We have reviewed your assertions that there were incorrect filings submitted with the Court Action QBG 290/16 and we are satisfied that no incorrect material was filed with the Court or any misrepresentations or omissions of material information in the sworn evidence. We would further note that all applications were served to your counsel at the time and appropriate opportunity had been provided for you to file any Notice of Objection to Affidavit at that time. That particular action is now closed and no further revisions or additions to that application will be made."
- "We have further reviewed your numerous requests for review of your personal information such as "your mortgage be reviewed for any and all disbursements for accuracy and completeness surrounding mortgage legislation, requirements for fees and disbursements and done so correctly under Credit Union rules, internal contracts and regulations, and your mortgage be "reviewed for plain language." These are not requesting to correct personal information but are assertions of a breach of contract or a legislative requirement. This is outside the scope of the Privacy Officer. We are further satisfied that all required information has been provided to you and the Credit Union has fulfilled all its obligations to you both under legislation and good practice.
- With regards to all matters "globally" between yourself and the Credit Union, our client has undertaken a thorough review of the files and ALL dealings with you and we are SATISFIED that at ALL time the Credit Union, its employees and agents acted in accordance to ALL statutory, regulatory, and internal requirements for good practice and that there are NO BREACHES of our client's contractual or legislative obligations to you for which a remedy is required.
Office of the Privacy Commissioner of Canada Investigation Cover Letter into Credit Compliance Under PIPEDA
- Now that you have our report, we wish to inform you that, pursuant to section 14 of the Act, you have the legal right to apply to the Federal Court of Canada (the “Court”) if you wish to pursue this matter any further. (for damages)
Case Laws for PIPEDA and above actions
- Nammo v. Transunion of Canada Inc (Attached)
March 17, 2023 Office of the Privacy Commissioner of Canada
Investigation Draft Report into Credit Compliance Under PIPEDA
- The Office of the Privacy Commissioner of Canada's investigation into the Credit Union Compliance PIPEDA-039834 that started April 2020; and Report of Findings released March 17, 2023 states "The Credit Union Could not provide the actual purpose for the collection of the member's information, the OPCC finds that the Credit Union indiscriminately collected the member's personal information for unidentified purposes and without authority; in contravention of Principle 4.4 and 4.4.1 of Schedule 1 of the Act"
- The Credit Union provided to their office an itemized action plan and confirmed its intent to implement the corrective measures identified by the external consultant by the end 2023. With the understanding that Credit Union will implement all corrective measures identified by the consultant, we deemed this issue to be well-founded and conditionally resolved.
- Credit Unions April 17, 2023 Letter to Member's Lawyer about PIPEDA Investigation: "With regards to the report from the Office of the Privacy Commissioner of Canada, we submit that substantively our client has not been found responsible for any wrongdoing. While your client has presented or alleged deficiencies in how our client has handled internal records and our client has received guidance from the Office of the Privacy Commissioner of Canada with recommendations on how to handle such information, these pertain largely to process and not any substantive wrongdoing. In any event, your client has brought another Access to Information Request regarding the Privacy Commissioner's Report to our client. As your client already has the items she is requesting in her possession, our client is declining her duplicate request. Attached is the official reply from Synergy's Privacy Officer for distribution to your client as required under the legislation. Accordingly, we consider matters raised by the Report of the Privacy Commissioner and at the Annual General Meeting closed
- The Member has forwarded the Credit Union's letter dated April 17, 2023 to the Office of the Privacy Commissioner of Canada, attached to the well-founded conditionally resolved investigation into Credit Union Compliance under #PIPEDA-039834 ; which they have until December 2023 to comply.