Document

MC10-75 and MC11-18

File #  MC10-75 and MC11-18
Institution/HIC  City of Toronto and Toronto Transit Commission
Summary  Use of complainant’s e-mail address by former City Councillor and TTC Chair to send e-mail advising that he would no longer be serving in those capacities.

Issues:

  • Section 2(1) (personal information) – the complainant’s e-mail address qualifies as personal information.
  • Custody or control (City of Toronto) – the e-mail record was in the City’s custody or control.
  • Custody or control (TTC) – The e-mail record was in the TTC’s custody or control.
  • Section 31 (use) – the City’s use of the record was not in accordance with the Act.
  • Section 31 (use) the TTC’s use of the record was not in accordance with the Act.
Recommendations:

  1. The City should amend the Code of Conduct for Members of Local boards to clarify that correspondence should only be used in accordance with the Act. 
  2. The City should strongly encourage all current members of Council to attend a training session on access and privacy.
  3. The TTC should circulate a memorandum to all of its current board members addressing the importance of protecting the privacy of the personal information contained in correspondence received from members of the public.
Legislation
  • Section 31
  • Section 33
  • 2(1)
Subject Index
Investigator  Mark Ratner
Published  Aug 31, 2011
Type  Privacy Complaint Report
Orders and Reports Considered  M-813   MC-020030-1   P-239   MO-1403   MC08-91 and MC08-92  
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25 Years of Access and Privacy
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