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)**

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.

Source. OPC PIPEDA #2009-004, priv.gc.ca, accessed 2026-06-21.

Confidence. Verified for the principle in the source case; directional-speculative for the MLS-aggregate application — needs legal confirmation.

Caveats. Critically: #2009-004 involved publicly available directory info as the input — #2009-002 (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)) 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.

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.