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MC-030044-1

Document		MC-030044-1


Institution/HIC		PRIVACY COMPLAINT NO. MC-030044-1 MEDIATOR: Giselle Basanta INSTITUTION: Toronto Community Housing Corporation


Summary		SUMMARY OF COMPLAINT: The Information and Privacy Commissioner/Ontario (the IPC) received a complaint from a resident of 10 Humberline Drive Toronto, Ontario regarding the collection of personal information from vehicle and ownership records. The complainant stated that around the end of August 2003, the Toronto Community Housing Corporation (the TCHC) sent a notice to all tenants stating that copies of current vehicle insurance and ownership papers (vehicle information) had to be submitted for the purpose of issuing parking permit stickers. It is the complainant’s position that the TCHC is not entitled to collect and use this type of vehicle information, as the information is not required to achieve the purposes presented to residents, by the TCHC, at a subsequent meeting on October 1, 2003. DISCUSSION: The following issues were identified as arising from the investigation: Is the information “personal information” as defined in section 2(1) of the Act ? Section 2(1) of the Act states, in part: “personal information” means recorded information about an identifiable individual, including (h) the individual’s name where it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual; In a memorandum dated December 8, 2003 from the Community Housing Manager to all tenants at 10 Humberline Drive, the documentation required by the TCHC in order to obtain a parking sticker consists of: Current insurance certificate for the vehicle to be registered/parked (this should show the effective date of coverage, name of the insured tenant and license plate number); and; Current ownership of vehicle (this should show the owner of the vehicle (i.e. name of the tenant) and license plate number; if the vehicle belongs to a parent, then a letter from the parent authorizing use of the vehicle is required). As such, the information contained in the records that the TCHC is collecting includes the name and address of the owner of the vehicle, the year, make, model of the vehicle, the insurance policy number and effective dates, the driver’s license number of the vehicle owner, and the license plate number of the vehicle. In my opinion this information falls within the definition of personal information as defined in section 2(1) of the Act . Was the collection of the “personal information” in accordance with section 28 of the Act ? Under the Act, an institution cannot collect personal information except in compliance with section 28(2) of the Act which states: No person shall collect personal information on behalf of an institution unless the collection is expressly authorized by statute, used for the purposes of law enforcement or necessary to the proper administration of a lawfully authorized activity . [Emphasis added] Complainant’s submissions The complainant submits that upon first moving into the building, tenants simply informed the landlord of the make, model and licence plate number of their vehicle(s). This practice continued until toward the end of August 2003 when the TCHC sent a notice to all tenants stating that copies of current vehicle insurance and ownership papers had to be submitted for the purpose of issuing parking stickers. The complainant attended a meeting between the tenants and TCHC staff. The Community Housing Unit Manager stated that there were three reasons for the new policy requiring tenants to sumbit vehicle ownership and insurance information: break-ins; vandalism; and illegally parked vehicles. The complainant believes that the information at issue is not required to achieve the purposes stated to tenants by the Community Housing Unit Manager at the meeting. The complainant does not believe that the TCHC is entitled to such information pursuant to her lease with the TCHC and that the TCHC’s demand for the vehicle ownership and insurance information is an unnecessary invasion of privacy. Further, the complainant submits that the TCHC has not provided any guidelines with respect to this new policy of collecting the information at issue for the purpose of administering the parking program other than what is stated in the notice(s) including (but not limited to): advising what ownership means; the updating of the information; the safeguarding of the information. In a subsequent letter from counsel for the complainant to this Office, counsel submits, in part: ... The residents of 10 Humberline acknowledge that a program to control vandalism, unauthorized parking is a lawfully authorized activity. In fact, the residents welcome such a program. However, the collection information with respect to the ownership and insurance of vehicles is not necessary to administer such a program. In fact, there is no rational connection between the collection of such information and the stated goals of the program. (sic) ... TCHC’s submissions The TCHC is an amalgam of 2 companies, the Toronto Housing Company (THC) and the Metro Toronto Housing Corporation (MTHC). In October 2001, these two entities merged and created the TCHC. The TCHC Board of Directors accepted and ratified policies from the legacy companies, including a parking program from the former MTHC in December 2001. According to the TCHC, the Humberline property was in the portfolio of the former THC and tenants were required to pay monthly for the privilege of parking their vehicle in a parking spot designated by the TCHC. The TCHC states that there were abuses of the parking system by residents and non-residents alike such as theft, vandalism, illegal parking and sales transactions occurring in the garage. The TCHC says that staff frequently encountered non-residents entering the parking garage, thus compromising building security and gaining access to residential areas. According to the TCHC, some residents were letting out parking spots to students of nearby Humber College, at highly inflated prices, and students were entering the parking garage and parking in residents’ spaces without permission. Further, individuals were vandalizing the card entry system thereby causing costly repairs. It is on this basis that TCHC staff concluded that in order to ensure greater safety and security for tenants and their guests, “a more stringent approach to parking management was required.” The TCHC submits that tenants were notified of the changes to the parking program that would become effective October 1, 2003 in September 2003 via posters on each floor, the lobby, the laundry facilities and in the parking garage. In add


Legislation		MFIPPA 2(1) personal information 29(2)


Subject Index		address car lawfully authorized activity notice of


Published		Sep 01, 2004


Type		Privacy Complaint Report


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