OPC finds LSAT fingerprinting violates PIPEDA

In a preliminary letter to the complainant, the Office of the Privacy Commissioner of Canada has concluded that the Law School Admissions Council violates PIPEDA by requiring candidates to submit to fingerprinting at the time the LSAT test is taken:

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In a decision released earlier this month, the Privacy Commissioner of Canada found that the requirement for Canadian students to provide a finger/thumb print in order to take the Law School Admission Test (LSAT) is an unnecessary infringement of privacy.

Copy of letter decision sent to Complainant

One of the most interesting aspects of the letter is the conclusion that the non-profit LSAC is engaged in commercial activities sufficient to have PIPEDA apply in the first place.

Also, the Assistant Commissioner's conclusion turned on the four point test applied in the past to video surveillance:

• Is the measure demonstrably necessary to meet a specific need?
• Is it likely to be effective in meeting that need?
• Is the loss of privacy proportional to the benefit gained?
• Is there a less privacy-invasive way of achieving the same end?