Early resolved case summary #2016-01: Access to personal information request revised to accommodate both requestor and organization
A condominium owner filed a complaint after his request for access to his personal information was met with a demand for payment for photocopies or an offer to view documents at the organization's lawyer's office. The individual argued that this was not access at "minimal or no cost" as required by PIPEDA Principle 4.9.4. The OPC's early resolution unit intervened, and the organization initially offered free viewing with the option to select pages for free copies. The complainant, citing a disability, found viewing 1000 pages unreasonable. The OPC proposed that the individual narrow his request, which he accepted. Consequently, the organization agreed to provide free copies of the specific documents containing his personal information, leading to the complainant's satisfaction.
- 1Whether the organization's initial response to an access request met the "minimal or no cost" requirement under Principle 4.9.4 of PIPEDA
- 2Whether an offer to view documents without free copies constitutes adequate access under PIPEDA
- 3Whether the organization's proposed solution of viewing documents at a lawyer's office was reasonable given the complainant's disability
- 4Whether narrowing the scope of an access request can facilitate resolution and compliance with PIPEDA
- Access to personal information: Free copies provided after narrowing request
- Fee for access: Initial fee demand not upheld
- Method of access: Initial viewing offer deemed unreasonable
- Scope of request: Request narrowed by applicant
Complaint early resolved
The complaint was resolved through the OPC's early resolution process, with the complainant narrowing his request and the organization agreeing to provide free copies of the relevant personal information.
The organization agreed to provide the individual with free copies of the specific documents containing his personal information after he narrowed the scope of his access request.
- Principle 4.9 PIPEDA
- Principle 4.9.4 PIPEDA
This summary is informational only and not legal advice.
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