Discontinued Case Summary #2014-004: Complaint discontinued on the basis of bad faith as complainant had released the retailer from liability
The complainant settled a legal dispute with a retailer by signing a mutual release, which included releasing the retailer from all past, present, and future claims and complaints. Subsequently, the complainant filed a privacy complaint alleging the retailer failed to provide access to her personal information. The Office of the Privacy Commissioner of Canada (OPC) discontinued the investigation, finding the complaint was made in bad faith because the complainant had already released the retailer from such claims.
- Whether the complaint was made in bad faith
- The effect of a mutual release on a privacy complaint
Complaint discontinued due to bad faith
The investigation was discontinued because the complainant had signed a mutual release, agreeing to waive all claims and complaints against the retailer, including those related to past events, in exchange for financial compensation. This indicated the privacy complaint was made in bad faith.
AI-generated summary for reference only. Always verify against the official decision ↗
- subsection 8(3) of PIPEDA
- Principle 4.9 of Schedule 1 of PIPEDA
- paragraph 12.2(1)(b) of PIPEDA
This summary is informational only and not legal advice.