03/02/2020
2017 FC 114 (CanLII) | CanLII
[32]
Throughout the OPCC’s investigation the respondent maintained that the purpose of Globe24h.com was
to “disseminate public information, especially government information, to a wider audience internationally”.
[33]
The respondent stated that the removal fee had been introduced to limit the volume of anonymous
requests received by email and to prevent fraudulent removal requests. The respondent’s process for removing
personal information changed a number of times during the OPCC’s investigation in what might be interpreted to be
attempts to hamper the process.
[34]
Initially, the respondent advertised that individuals could pay a 19 euro fee for “express” 72-hour
removal. Individuals could also have their personal information removed for free; however, that process took 180
days and up to one year for the information to be removed from search engine indices. In early 2014, the respondent
began to offer a faster 12-hour removal for a 120 euro fee. By May 2014, the time period for a free removal process
was shortened to 15 days. However, the request had to be sent by mail to Romania and it had to include information
such as the requester’s full name and address, a copy of an identification document, and a copy of the decision that
identified the exact information to be removed. In contrast, for the paid removal service, an individual only had to
send an email identifying the decision and the redaction would be done within a few days once the payment had
been transferred.
[35]
In July 2014, the respondent informed the OPCC that there was no longer a fee for removing personal
information from the website. However, in October 2014, the OPCC received information from one of the
complainants that Mr. Radulescu had offered, instead of anonymizing decisions, to remove full copies of decisions
from the website for the price of 200 euros per decision.
[36]
Some complainants paid to have their personal information removed but then discovered that there were
other decisions, or versions of the same decision, concerning them still on the website. However, the fee that they
paid only covered a single decision, according to Globe24h.com and further payments would be demanded for the
other decisions or versions of decisions.
[37]
The OPCC also found that the respondent’s website displayed advertisements alongside the decisions and
sold space on the website to advertisers. Some of these appear to have been links to pornographic websites. On June
12, 2016, the respondent informed the Commissioner that as of June 10, 2016, he has removed all advertising from
Globe24h.com. Therefore, he claimed, Globe24h’s activities are now entirely not-for-profit and that he derives no
revenue from the website.
[38]
During the course of the investigation, the respondent indicated that Globe24h.com’s collection of
Canadian decisions had not been updated since 2013. However, the Commissioner found that the website contains
decisions from 2014 and 2015.
[39]
While the investigation was ongoing, the OPCC requested Mr. Radulescu to remove the personal
information of complainants from the website as an interim measure. Initially, the respondent complied and
indicated that he had redacted the complainants’ personal information from the decisions, although the decisions
remained on the site. However, in November 2014, the respondent indicated that he would no longer redact
decisions at the OPCC’s request and that individuals had to submit a request form along with supporting
documentation to Globe24h.com.
E.
The OPCC’s Final Report of Findings
[40]
In January 2015, the OPCC issued a preliminary report of investigation to the respondent concluding that
PIPEDA applied to the respondent’s activities. The OPCC further concluded that the respondent’s activities were not
appropriate purposes within the meaning of subsection 5(3) of PIPEDA.
[41]
On June 5, 2015, the Commissioner issued its final report of findings with respect to the 27 complaints
that he investigated. The OPCC’s final conclusions can be summarized as follows:
Globe24h.com is an organization that collects, uses and discloses personal information in the course of commercial
activities within the meaning of PIPEDA;
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