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← Back to catalogue/Federal (Canada)PIPEDA Report of Findings #2016-006
Federal (Canada)Personal Information Protection and Electronic Documents ActWell-founded & resolved

PIPEDA Report of Findings #2016-006: An insurance company’s internal ombudsman office is not a “formal dispute resolution process” under PIPEDA

Organization: An insurance companyComplainant: Anonymous applicant
BookmarkView Governing Law
Plain-language brief

A complainant alleged that an insurance company refused to provide her with access to her personal information related to an insurance claim and a subsequent complaint to the company's internal ombudsman. The company initially refused access to a recorded conversation, citing the need for her spouse's consent, and later withheld documents from the ombudsman process, arguing it was a "formal dispute resolution process" exempt under PIPEDA s.9(3)(d) and not a "commercial activity." The OPC found that the company contravened Principles 4.9 and 4.9.1 by initially refusing access to the recorded conversation without severing third-party information. The OPC also determined that the internal ombudsman process was not a "formal dispute resolution process" and that its activities were part of a "commercial activity," thus falling under PIPEDA's scope. The company ultimately agreed to provide the complainant with access to the withheld information.

Key issues
  1. 1Whether the insurance company contravened Principles 4.9 and 4.9.1 by refusing access to personal information without severing third-party information
  2. 2Whether the insurance company's internal ombudsman office constitutes a "formal dispute resolution process" under PIPEDA s.9(3)(d)
  3. 3Whether the activities of the internal ombudsman office fall under the definition of "commercial activity" under PIPEDA
Outcome breakdownFavours: Applicant / complainant
  • Access to recorded conversation: Refusal to provide access contravened Principles 4.9 and 4.9.1
  • Internal ombudsman process: Not a 'formal dispute resolution process'
  • Internal ombudsman process: Part of a 'commercial activity'
  • Disclosure of records: Company agreed to provide access to withheld information
Outcome

Complaint well-founded and resolved

Reasoning

The OPC found that the company initially failed to provide access to personal information by not severing third-party data and incorrectly applied the s.9(3)(d) exemption, as the ombudsman process lacked the necessary formality. The company subsequently agreed to provide the requested information, resolving the complaint.

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Decision notes
Recommended action / remedy

The company was recommended to provide the complainant with access to all information generated during her complaint to the Ombudsman and to refrain from advising individuals that it is unable to proceed with an access request without the consent of a joint account holder where third-party information can be severed.

Statutes considered
  • s.2(1) PIPEDA
  • s.9(1) PIPEDA
  • s.9(3)(a) PIPEDA
  • s.9(3)(d) PIPEDA
  • Principle 4.9 PIPEDA
  • Principle 4.9.1 PIPEDA

This summary is informational only and not legal advice

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