Canadian Privacy Regulatory authorities recently released two new decisions that may be of interest:

Use of Credit Information by Insurance Company to Determine Premiums Deemed Reasonable under PIPEDA

The collection and use of credit information by an insurance company to determine premiums was found to be reasonable in the circumstances in a recent Report of Findings by the Office of the Privacy Commissioner of Canada (OPC). The conclusion was based, in part, on provisions in Ontario's Consumer Reporting Act that confirm that credit information may be disclosed for the purpose of underwriting insurance. The OPC did, however, find that meaningful consent had not been obtained and recommended, among other things, that the insurance company amend its application consent clause to address the collection and use of credit score information.

Use of GPS and Engine Status Data for Certain Employment Purposes Authorized under PIPA BC

The collection and use of GPS and engine status data by an elevator corporation in its service vehicles was found to be authorized under PIPA BC in a lengthy report issued by the Office of the Information & Privacy Commissioner of British Columbia. In determining that the information at issue (including engine status data and location information) was personal information, the OIPC BC provided an extensive discussion on the meaning of "personal information" under Canadian privacy legislation as interpreted by the Canadian courts and privacy regulatory authorities.

We will be discussing these decisions on our January 23rd Monthly Call.