When is a Record Collected and Used? Case Note: Privacy Complaint No. MC08-91 and MC08-92, City of Vaughn

November 30, 2011 | Gillian Tuck Kutarna

A couple of residents of the City of Vaughn, with a robust history of unsolicited contact with City staff and elected representatives, recently made a claim that when the City sent their correspondence to legal counsel for an opinion on whether to litigate against them, their privacy rights under MFIPPA were thereby violated.

Following an investigation into the allegation, the Privacy Commissioner held that when a document is voluntarily submitted, the receiver has not “collected” the personal information contained therein, as Section 28(2) of the Act would contemplate.  Further, once received, the contents may be disclosed to an “officer, employee, consultant or agent” of the institution in the performance of their duties.

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