The OMA, a non-profit representing Ontario physicians, commissioned a study to aid in negotiations with the provincial government on physician compensation.
The OMA intended to share physicians’ personal information with Statistics Canada (StatCan) to facilitate this study.
The Ontario Specialists Association (OSA) filed a complaint to the Office of the Privacy Commissioner of Canada (OPC), asserting that the study would violate PIPEDA.
OPC Determination:
The OPC ruled the study was not “commercial activity” under PIPEDA as it involved advocacy and negotiations for physician well-being rather than direct commercial transactions.
The OPC, therefore, determined that it lacked jurisdiction over the complaint.
Issue:
The primary issue was whether the OMA’s proposed study constitutes “commercial activity” under PIPEDA.
Analysis:
Legal Framework: PIPEDA applies to personal information collected or disclosed in the course of commercial activities.
The Court held that the OMA’s study was intended to support advocacy and negotiations rather than “exchange, trade, buying and selling.”
The OMA's lack of profit motive and non-commercial nature of the study were emphasized.
The Court distinguished this from previous cases involving law firms or direct commercial actors.
Conclusion:
The proposed study does not constitute "commercial activity," so PIPEDA does not apply.
The application for judicial review was dismissed without costs.
