Lawson v. Accusearch Inc.

2007 FC 125, 2007 CarswellNat 247, 2007 CarswellNat 853, 2007 CF 125, 280 D.L.R. (4th) 358

* Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA") - Application of PIPEDA to the protection of personal information in the course of interprovincial or international commercial activity - Authority of Office of Privacy Commissioner to investigate conduct of a U.S. organization which relies on Canadian data sources.

* Privacy - Internet - Investigative Powers of the Office of the Privacy Commissioner - Search and disclosure of personal information without the individual's consent - Authority of Privacy Commissioner to investigate U.S.-based data-brokers.

Lawson v. Accusearch Inc.30 is a judicial review by the Federal Court of Canada of a decision made by the Office of the Privacy Commissioner (OPC) refusing to investigate a complaint based on lack of jurisdiction. The complaint was brought against a U.S.-based Web site that offered personal search services on individuals located in Canada.

FACTS

The applicant, Philippa Lawson, is the executive director of the Canadian Internet Policy and Public Interest Clinic (the Clinic) at the University of Ottawa, Faculty of Law. As part of the Clinic's research on the practices of Internet on-line businesses, she discovered that an American Web site, Abika.com, provided search services to customers in Canada and other countries around the world. These services included background checks, criminal record checks, psychological profiles, license plate searches, unlisted telephone and cell phone number searches, and e-mail traces on individuals. These searches were done on a "confidential basis" and without the consent of the person being investigated.

Ms. Lawson ordered a Canada background search to be done on herself using her Canadian work email address and a mail server for the University of Ottawa, located in Canada. Upon the Web site's request, Ms. Lawson provided to Abika.com her Canadian address, telephone number and date of birth. Ms. Lawson's search results contained a criminal record search limited to Ontario, as well as a psychological profile.31

Further research by Ms. Lawson and the Clinic indicated that Abika.com is a division of Accusearch Inc., a Wyoming corporation operating out of that state. The domain name of Abika.com was registered with an American Web hosting company, with its server located in Delaware.

Ms. Lawson made her initial...