What if that "personal" information is publically available but an organization uses that information for a different reason than why they collected it?

 

In a recent determination, the office of the Privacy Commissioner concluded that the purchase price of real estate is personal information. After a condominium unit was sold, the seller's real estate agent placed an ad in a publication showing the unit number the building address and a photograph with a caption saying "Sold for 99.3% of asking price".  Even thought the purchase price was not given, it could apparently be calculated from the information in the ad.  It was determined that the purchase price of real estate can reveal something of a personal nature about a person therefore it is personal information. It was also determined that, notwithstanding that the purchase price may be publically available and would therefore typically be exempt from the requirement to obtain the consent of the individual, the real estate agent did not obtain that information from a public source, but rather from purchase agreements collected in the course of his duties as sales agent for the seller, therefore consent was required to use that information. 

 

For more information, visit http://www.priv.gc.ca/cf-dc/2009/2009_002_0220_e.cfm