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A Review of the Liquor Control Board of Ontario’s Personal Information Collection Practices - Order PO-3171

File #  PC12-47
Institution/HIC  LCBO
Summary  This Order was issued in response to a privacy complaint filed against the LCBO, by the manager of a wine club, who was also a member of the wine club. The complainant objected to the collection of personal information about wine club members when the wine club places orders through the LCBO’s Private Ordering Department. The complainant submitted that the LCBO’s practice of collecting this information is in violation of the Freedom of Information and Protection of Privacy Act (the Act).

In this Order, the Investigator finds that the information being collected by the LCBO qualifies as “personal information” under section 2(1) of the Act and that the collection of the personal information by the LCBO contravenes section 38(2) of the Act except in limited circumstances. The LCBO is ordered to cease its collection practice and to destroy any personal information previously collected relating to purchases by members of wine clubs.
Legislation
  • FIPPA
  • 2(1) personal information
  • 38(2)
  • 59(b)
Subject Index
Signed by  Ann Cavoukian
Published  Feb 27, 2013
Type  Order
Judicial Review  Institution's application allowed on November 5, 2013 and matter remitted back to IPC for reconsideration

IPC's and complainant’s motions for leave to appeal to the Court of Appeal pending
Liquor Control Board of Ontario v. Vin De Garde Wine Club, 2013 ONSC 5854 (Div. Ct.); motions for leave to appeal pending

Divisional Court decision
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