BreachOfPrivacy
Decisions/Federal (Canada)/Personal Information Protection and Electronic Documents Act/Commissioner’s Findings - PIPEDA Report of Findings #2013-005: Beneficiary’s access to estate information is limited to his own personal information under PIPEDA
Office of the Privacy Commissioner of CanadaPersonal Information Protection and Electronic Documents ActCommissioner’s Findings - PIPEDA Report of Findings #2013-005Well-founded & resolved
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Commissioner’s Findings - PIPEDA Report of Findings #2013-005: Beneficiary’s access to estate information is limited to his own personal information under PIPEDA

Organization: A legal firmComplainant: An individual
Decision: Oct 2, 2013Published: Oct 2, 2013

An individual complained that a legal firm failed to respond to his requests for estate information, in which he claimed beneficiary status. The Office of the Privacy Commissioner of Canada (OPC) found that the firm contravened PIPEDA by not responding within the 30-day time limit. However, the OPC also determined that the individual was only entitled to access his own personal information, not general estate information, and that the firm had conducted a reasonable search for any such information. The complaint was ultimately found to be well-founded and resolved.

  • Individual's right to access general estate information as a beneficiary versus personal information.
  • Organization's obligation to respond to an access request within 30 days, even if no responsive information is held.
  • Determining what constitutes an individual's 'personal information' under PIPEDA in the context of estate administration.

Complaint well-founded and resolved

The legal firm contravened PIPEDA by failing to respond to the access request within the prescribed 30-day period. However, the investigation found that the firm had conducted a reasonable search and did not hold any of the complainant's personal information beyond what was disclosed or ascertainable, and the complainant's entitlement was limited to his own personal information.

AI-generated summary for reference only. Always verify against the official decision ↗

Recommended action / remedy

The legal firm provided a response to the access request and confirmed it did not hold the complainant's personal information.

Statutory provisions cited
  • Principle 4.9 PIPEDA
  • Principle 4.9.1 PIPEDA
  • s. 2(1) PIPEDA
  • s. 8(3) PIPEDA
  • s. 8(5) PIPEDA

This summary is informational only and not legal advice.