4 February 1999

Re: In the Matter of the Privacy Act (T-864-98)

The following is a decision of the Federal Court regarding certain complaints received by the Office of the Privacy Commissioner of Canada.

At issue in this application by way of stated case for opinion by the Court was whether the disclosure of "personal information" by the Department of National Revenue to the Canada Employment Insurance Commission pursuant to the Ancillary Memorandum of Understanding for data capture and release of customs information on travellers is authorized by section 8 of the Privacy Act and section 108 of the Customs Act. No, the disclosure is not authorized.