Office of the Privacy Commissioner of Canada (OPC)

What is the OPC?

The Privacy Commissioner is an officer of Parliament, appointed for seven years, with an office in Gatineau. The OPC enforces the Privacy Act (federal public bodies) and PIPEDA (private sector). Under PIPEDA it investigates, issues findings and can ask the Federal Court for orders; it cannot impose fines, a gap that successive reform bills have tried to close. Quebec, British Columbia and Alberta have their own private-sector laws and commissioners; Quebec's Law 25 added fines and a duty to declare biometric databases.

What has it done about face search?

The Clearview investigation was a joint one with the three provincial commissioners. The February 2021 report found that Clearview had collected images and biometric data of Canadians without consent, for a purpose a reasonable person would not consider appropriate, and recommended that it stop offering its service in Canada, stop collecting Canadians' images and delete those already held. Clearview had withdrawn from the Canadian market in July 2020; it disputed the findings. The provincial commissioners issued binding orders in December 2021, which Clearview challenged in court.

In June 2021 a separate OPC report found the RCMP had breached the Privacy Act by using Clearview, because a public body cannot use data collected unlawfully by a contractor. The OPC and the provincial commissioners then published draft guidance on facial recognition for police (2022) and a privacy guidance for the technology generally.

1. 1983-07-01

   Privacy Act in force; Commissioner's office established

   Federal public-sector privacy oversight begins.

2. 2001-01-01

   PIPEDA begins to apply

   Phased in fully by 2004.

3. 2021-02-02

   Joint Clearview AI findings published

   Mass collection of biometric information without consent found unlawful.

4. 2021-06-10

   RCMP use of Clearview found unlawful

   Special report to Parliament.

5. 2021-12-14

   Provincial orders against Clearview

   Quebec, BC and Alberta order deletion and a stop to collection.

How do you use the OPC?

• Complaint: online form at priv.gc.ca after raising the issue with the organisation. The OPC may investigate, mediate or decline; findings are published for significant cases.
• Information centre: 1-800-282-1376.
• Which commissioner: companies operating in Quebec, BC or Alberta may fall under the provincial commissioner for provincial matters; the OPC handles federally regulated organisations and cross-border flows.