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Commissioner considers jurisdiction over disclosure of personal information by a trust fund organization

PIPEDA Case Summary #2003-164

[Section 30]

Complaint

An individual alleged that an organization that administers a scholarship trust fund disclosed her personal information to a bank without her knowledge and consent.

Summary of Investigation

The investigation was limited to the Commissioner's determination of whether or not he had jurisdiction in the matter.

Commissioner's Findings

Issued April 17, 2003

Jurisdiction: As of January 1, 2001, the Personal Information Protection and Electronic Documents Act (the Act) applies to any federal work, undertaking, or business and also to any disclosure of personal information by an organization outside the province for consideration.

Application: In this case, however, the organization was not a federal work, undertaking, or business. Although it had disclosed the complainant's personal information, the disclosure took place between offices in the same province and not across a border for consideration. The Commissioner determined that the company in question was therefore not currently subject to the Act.

The Commissioner concluded that he lacked jurisdiction to investigate the matter.

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