PIPEDA Report of Findings #2017-008: Jet Airways says possibility of litigation allows it to refuse access to personal information
A complainant alleged that Jet Airways did not provide complete access to her personal information following an incident where she and her companion were denied boarding. The airline cited solicitor-client privilege, litigation privilege, and formal dispute resolution processes as reasons for withholding certain documents. The OPC found the complaint well-founded regarding the airline's failure to respond within the statutory timeframe and its improper application of the formal dispute resolution exemption. However, the OPC could not make a finding on the privilege claims due to legal precedents limiting its ability to investigate privileged documents.
- Timeliness of response to access request
- Applicability of solicitor-client and litigation privilege exemptions
- Applicability of formal dispute resolution exemption
- Overbroad claims of privilege
Complaint well-founded regarding timeliness and dispute resolution exemption; impasse on privilege claims.
The airline failed to respond to the access request within the statutory 30-day period and improperly claimed the formal dispute resolution exemption. However, due to binding legal precedents, the OPC could not adjudicate the specific claims of solicitor-client and litigation privilege.
AI-generated summary for reference only. Always verify against the official decision ↗
The OPC recommended that Jet Airways implement procedures to respond to access requests within statutory timeframes, review its withholding of documents, and revise its policies for applying privilege and dispute resolution exemptions.
- subsection 8(3) PIPEDA
- Principle 4.1.4 PIPEDA
- Principle 4.9 PIPEDA
- subsection 8(4) PIPEDA
- subsection 8(5) PIPEDA
- subsection 8(7) PIPEDA
- paragraph 9(3)(a) PIPEDA
- paragraph 9(3)(d) PIPEDA
This summary is for informational purposes only and does not constitute legal advice.