PIPEDA Case Summary #2016-011: Defending against a civil lawsuit not considered a commercial activity
The Office of the Privacy Commissioner of Canada (OPC) investigated a complaint regarding a psychiatrist's handling of a patient's personal information. The patient had requested access to his information following a medical assessment conducted as part of a civil lawsuit defence. However, the OPC determined that the psychiatrist's activities were not commercial in nature but were for the purpose of defending a lawsuit. As PIPEDA only applies to commercial activities, the OPC concluded it lacked jurisdiction to investigate the complaint.
- Whether the collection and use of personal information for the purpose of defending a civil lawsuit constitutes a commercial activity under PIPEDA.
- Whether the OPC has jurisdiction to investigate complaints falling outside the scope of PIPEDA.
- The application of the 'commercial activity' exemption in PIPEDA.
Complaint dismissed for lack of jurisdiction
The OPC found that the psychiatrist's actions were undertaken to defend a civil lawsuit, which is not a 'commercial activity' as defined by PIPEDA. Therefore, the Act did not apply, and the OPC lacked jurisdiction.
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- s. 2 PIPEDA
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