Reviewing the Return Policies of the Liquor Control Board of Ontario – Privacy Investigation Report PC07-100 and A Review of the Literature Relating to Fraudulent Returns: Practices Used by Retailers to Combat Fraud
Collection, use and retention of name and address of an individual by the Liquor Control Board of Ontario in the context of a retail refund.
Section 2(1) (definition of personal information) – the information collected is personal information.
Section 38(2) (collection of personal information) — the collection of the personal information was in accordance with section 38(2) of the Act.
Section 39(2) (notice) – notice to the individual was not provided in accordance with section 39(2) of the Act.
Section 41(1) – the use of the personal information was in accordance with section 41(1) of the Act.
Section 40(1) – the personal information is retained in accordance with section 40(1), subject to the outcome of the Commissioner’s recommendation.
Recommendations made to the LCBO to: review and revise its privacy and returns policies, and develop a short notice, to clearly indicate the authority for collecting personal information, the type of information collected, the purpose of the collection, the use of the personal information and the public official to whom customers can direct their inquiries; ensure that staff members are trained, using a prepared text, to advise customers of the above information and to provide the customer with the opportunity to provide their personal information in a privacy protective manner; and review it retention practices, and enter into discussions with the Ministry of Finance and Canada Customs and Revenue Agency to determine if personal information must be retained, in addition to the transactional information that must be retained for seven years.