Office of the Privacy Commissioner of Canada
Answers to seven questions and five files; acceptance of both complaints for investigation.
The letter ·
Re: From the Office of the Privacy Commissioner of Canada - File PA-075935, PA-075937
Hello,
This answers the Office's letter of 7 October 2026 on files PA-075935 (RCMP) and PA-075937 (CBSA). I made both complaints in writing under section 29 of the Privacy Act, on 25 and 28 September 2026. The answers below and the 5 attached documents complete them. Investigate both.
PA-075935, RCMP: DISCLOSURE TO CBSA
Why it was wrongful. Subsection 8(1) bars disclosure without consent except under subsection 8(2). I gave no consent. Paragraph 8(2)(e) requires a written request from an investigative body that names the purpose and the information sought. The disclosure was made on a telephone call. CBSA was locating a man reported missing. The member gave CBSA her opinion on my mental health, my religion and her view of my money.
When. 16 May 2026, by telephone.
What. The CBSA note of the call records the member's words. I was "doing some unusual behaviour in a business parking lot". I was "putting his hands on the pavement then up to the sky perhaps like he was praying". I said "that he was praying as it is part of his religion as he is Muslim". She "originally thought he was impaired by substances, but after talking to him she did not think it was substances, but perhaps mental health issues". I was heading to Winnipeg. "She believes that he likely does not have any funds and is more likely hitchhiking across the country." The note ends: "Statutory declaration added to both GCMS and NCMS as he will likely be arrested in another province."
Who disclosed. A member of the White Butte Detachment, "F" Division, Saskatchewan. The CBSA note names her "Cst. SASK".
To whom. Inland Enforcement Officer Alldred, CBSA Vancouver. He placed the call and recorded it in the Global Case Management System.
How I found out. I received the note on 24 September 2026 under Privacy Act request P-2026-40785. It is attached as document B.
Circumstances. On 6 May 2026 the member stopped me while I was praying in a business parking lot in White Butte. No offence was alleged. The note records that she "had her staff contact Chilliwack RCMP and concluded her file". 10 days later CBSA called her. On 20 May 2026 CBSA issued a warrant for my arrest under subsection 55(1) of the Immigration and Refugee Protection Act. It was executed in Ottawa on 22 May 2026. I was released the same day.
I have informed the RCMP. On 24 September 2026 I sent a Privacy Act request to the RCMP Access to Information and Privacy Branch for every record of the stop and of the call. On 6 October 2026 the White Butte Detachment answered that the stop "is captured on Chilliwack RCMP File 2026-17350". Both are attached as document E. The RCMP has produced neither the written request under paragraph 8(2)(e) nor the record of disclosure under subsection 9(1).
PA-075937, CBSA: REFUSAL AND DISCLOSURE
The complaint is not about delay. I received records on 24 September 2026. CBSA closed the request on 5 October 2026. The complaint concerns what CBSA refused and what it disclosed.
Refusal, paragraph 29(1)(b) and subsection 16(3). The note records that on 5 May 2026 the officer sent my photograph by email to an employee of Cyrus Centre Ministries, a private shelter in Chilliwack. That email is not in the release. Neither is the shelter's reply. Neither are the exchanges with the Chilliwack and Whistler RCMP on file WP25-374, or the request of 9 May 2026 to United States Customs and Border Protection. On 28 September 2026 CBSA wrote that the Pacific Region "was not tasked for responsive records originally". On 5 October 2026 CBSA wrote that the Pacific Region answered "NIL", and closed the file. The time limit, extended under paragraph 15(a)(i), ended on 25 September 2026.
No notice, subsection 16(1) and paragraph 29(1)(h). Item 2 of my request covers removal interviews, removal dates and Pre-Removal Risk Assessment notifications. Item 3 covers communications with Ontario Works. The release holds no record under either item. It holds no statement that none exists.
Disclosure, paragraph 29(1)(a). My photograph went to a private shelter. The shelter's case notes record at 10:45 on 5 May 2026: "I was able to confirm from an emailed photo that this is the same person the RCMP have an MPR out on." At 12:46: "I forwarded the photo to them that was sent to me by CBSA." On 22 and 24 September 2026 I asked CBSA in writing to name the paragraph of subsection 8(2). CBSA has named none.
ATTACHED
A. CBSA release letter of 24 September 2026, request P-2026-40785.
B. CBSA Enforcement Case print from Part 1 of the release, with the note of 16 May 2026.
C. Cyrus Centre Ministries: case notes and covering letter released under the British Columbia Personal Information Protection Act on 22 September 2026, and the photograph CBSA sent to the shelter, as the shelter produced it.
D. My correspondence with the CBSA Access to Information and Privacy Office: 19 August, 22 September, 24 September, 28 September, 4 October and 5 October 2026.
E. My correspondence with the RCMP: Privacy Act request of 24 September 2026, and the White Butte Detachment's answer of 6 October 2026.The Office's letter of 7 October 2026 says it received the CBSA complaint on 29 September 2026. Confirm in writing that my supplementary submission of 5 October 2026 on PA-075937 is on that file.
This exchange goes into the public record at https://dzyuban.com/legal/record/
Respectfully,
Danilo Dzyuban
Attachments: A-CBSA-release-letter-2026-09-24-P-2026-40785.pdf, B-CBSA-note-16-May-2026-P-2026-40785-Part1.pdf, C-Cyrus-Centre-PIPA-release-2026-09-22-notes-and-photo.pdf, D-CBSA-ATIP-correspondence-P-2026-40785.pdf, E-RCMP-correspondence-White-Butte.pdf
The answer ·
Protégé B - Protected B
Our Files: PA-075935 (RCMP), PA-075937 (CBSA)
Dear Danilo Dzyuban,
We are writing in response to your correspondence received by our Office on 2026-09-28, regarding your complaint against the Royal Canadian Mounted Police (RCMP) and on 2026-09-29, regarding your complaint against the Canada Border Services Agency (CBSA).
The Office of the Privacy Commissioner of Canada is responsible for overseeing the Privacy Act (PA) and the Personal Information Protection and Electronic Documents Act (PIPEDA). The Privacy Act covers the personal information handling practices of federal government institutions, while PIPEDA covers the private sector's personal information handling practices during the course of a commercial activity, with some exceptions.
In order for our Office to investigate a complaint you must provide concrete details to describe the circumstances that constituted an infringement of the privacy legislation. The allegations must be sufficiently precise so that they can be investigated. Therefore, we are writing to request further details from you regarding the alleged wrongful disclosure of your personal information by the RCMP (PA-075935). We would like to know more information concerning this matter, including the answers to the following questions:
* Why do you believe your information was inappropriately disclosed?
* When did the disclosure occur?
* What specific information was disclosed?
* Who disclosed this information?
* To whom was the information disclosed?
* How did you find out about this incident?
* What were the circumstances surrounding the disclosure?We will need the above-noted information as well as any supporting documentation, including:
- Copy of the documentation that you sent to or received by the RCMP.
- Copy of any correspondence which may supporting your allegations.If you have not yet done so, you may wish to write to the Privacy Coordinator for the RCMP to inform them of this incident. Please find below their contact information: