{"id":1618,"slug":"opc-2009-004-aggregation-publicly-available-de-identified-analogy","title":"OPC PIPEDA Case #2009-004 — combining *publicly available* directory info with geo-demographic stats did NOT create new personal info requiring consent; **by analogy, sufficiently aggregated/de-identified MLS market stats likely fall outside PIPEDA consent (DS for the threshold)**","kind":"reference","scope":"business","status":"current","audiences":["kevin","candid-team"],"topics":["privacy-pipeda","real-estate-mls"],"reference_body":"**Claim.** OPC PIPEDA Case #2009-004 found that combining publicly available directory info with geo-demographic stats did not create new personal info requiring consent. By analogy, sufficiently aggregated/de-identified market statistics likely fall outside PIPEDA's consent rules — but the threshold (when does aggregated MLS data stop being \"about an identifiable individual\"?) is not bright-line and is fact-specific.\n\n**Source.** OPC PIPEDA #2009-004, priv.gc.ca, accessed 2026-06-21.\n\n**Confidence.** Verified for the principle in the source case; directional-speculative for the MLS-aggregate application — needs legal confirmation.\n\n**Caveats.** Critically: #2009-004 involved *publicly available* directory info as the input — #2009-002 ([[opc-2009-002-sold-price-address-personal-mls-not-publicly-available]]) makes clear MLS-sourced data is NOT \"publicly available\" for OPC purposes. The de-identification threshold for MLS-sourced aggregates is therefore not automatically governed by #2009-004; counsel review essential.\n\n**Implication / use.** The most legally-fragile entry in the brief. Cite ONLY with the explicit \"DS for the MLS-aggregate application\" caveat. Anchors the de-identification escape hatch in any product model, but never as a settled safe harbour.","rationale_body":null,"metadata":null,"links":{"outgoing":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"depends-on"},{"slug":"opc-2009-002-sold-price-address-personal-mls-not-publicly-available","title":"OPC Case Summary #2009-002 — sold price + address is personal information; pulling from MLS does NOT qualify for \"publicly available\" consent exemption (decisive against MLS-sourced republication)","kind":"reference","scope":"business","link_type":"relates-to"}],"incoming":[{"slug":"research-brief-mls-data-inside-the-box-ontario-june-2026","title":"Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)","kind":"research-notes","scope":"business","link_type":"relates-to"},{"slug":"caveats-mls-data-inside-the-box-untested-clauses-and-self-reported-metrics","title":"Caveats: MLS-data inside-the-box brief (June 2026) — untested clauses, self-reported metrics, contested copyright status","kind":"reference","scope":"business","link_type":"relates-to"}]},"created_at":"2026-06-21T10:51:32.843Z","updated_at":"2026-06-21T10:51:32.843Z"}