PRIVACY |
Englander v. Telus Communications Inc.
T-1717-01
2003 FCT 705, Blais J.
3/6/03
22 pp.
Application for hearing under Personal Information Protection and Electronic Documents Act, s. 14 in respect of report prepared by Privacy Commissioner of Canada (PCC) in response to complaint filed under Act, s. 11 by applicant against respondent--PCC concluded all aspects of applicant's complaint not well-founded--Applicant customer of Telus Communications Inc. for local residential telephone service-- Telus regulated by Canadian Radio-television and Telecommunications Commission (CRTC)--CRTC required to exercise powers to ensure balance in public interest between cultural, social, economic goals of telecommuni-cations network, to ensure all rates charged by Telus for regulated services just, reasonable--Express part of CRTC's mandate to consider privacy issues in regulating telecommuni-cations industry--CRTC issued Telecom Order CRTC 98-109 concluding to set cost-based rate for Non-Published Number Service (NPNS) would fail to take account of considerations such as usefulness of reasonably complete directory, revenue impact of reduced rates--CRTC also concluded would be inappropriate if monthly rates for NPNS for residential subscribers remained at levels established in past, i.e. with view to maximizing revenues available to subsidize basic residential service--CRTC concluded Telus should provide unlisted number service at rate not exceeding $2 per month for residential subscribers--Since February 2000, applicant subscribed for NPNS for residential phone number--NPNS regulated telecommunications service--During four years prior to February 2000, applicant had listed residential phone number, did not change phone number when changed to NPNS--Accordingly, outdated directories include applicant's listing information--In January 2001, applicant filed complaint to PCC against Telus--PCC investigated com-plaint, concluded Telus' practices not in violation of Act, all of allegations in complaint not well-founded--Present hearing neither appeal of Commissioner's report nor application for judicial review in administrative legal sense--Court required to exercise own discretion de novo--PCC entitled to deference with respect to decisions clearly within his jurisdiction--Applicant had standing to bring application--White Pages detailing how Telus uses personal information, various privacy-oriented service options provided by Telus--Long-standing, well-established practice of telephone companies to include directory listings as part of residential telephone service--In addition to being notified of fact by Telus, customers have reasonable expectation that unless subscribe to NPNS, listing information will be published in phone directory--Under Act, s. 5(3), Telus may collect, use, disclose personal information only for purposes reasonable person would consider appropriate in circumstances--Applicant failing to convince Court Telus in violation of such provision--Telus having valid consent under Act to publish customers' personal information in its directories--Through Telecom Decision 94-109, CRTC expressly recognized social utility of directory, found provision of directories forms essential part of, significantly enhances value of, company's basic telephone service-- Federal government expressly recognized directories serve legitimate purposes, primarily by providing telephone network users with easy, accurate identification of subscriber telephone numbers--Issue of setting rates for NPNS with regard to privacy concerns resolved by CRTC--In accordance with Telecom Order CRTC 98-109, Act not restricting Telus from charging reasonable fee for provision of NPNS--Court having no jurisdiction over fee issue as matter within exclusive jurisdiction of CRTC--No express or implied restriction on Telus from charging reasonable fee for provision of NPNS-- Application dismissed--Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, ss. 5, 11, 14.