PIPEDA Report of Findings #2017-008: Jet Airways says possibility of litigation allows it to refuse access to personal information
The complainant alleged that Jet Airways failed to provide complete access to her personal information related to an incident where she and her companion were removed from a flight. Jet Airways initially failed to respond to the access request within the 30-day timeframe, citing potential litigation and staff medical leave. While Jet Airways eventually provided the Passenger Name Record, it withheld other documents, claiming solicitor-client privilege (including litigation privilege) and that the information was generated during a formal dispute resolution process. The OPC found that Jet Airways contravened its obligations regarding timely response and proper policies for handling access requests and applying exemptions. However, due to binding court decisions, the OPC could not make a finding on the specific application of solicitor-client/litigation privilege to the withheld documents, leading to an impasse on that issue. The OPC recommended that Jet Airways implement proper access request procedures and review its policies for applying exemptions.
- 1Whether Jet Airways responded to the access request within the prescribed 30-day time period under subsection 8(3) of PIPEDA
- 2Whether Jet Airways had appropriate policies and practices to give effect to Principle 4.1.4 of Schedule 1 of PIPEDA
- 3Whether the withheld information was protected by solicitor-client privilege or litigation privilege under paragraph 9(3)(a) of PIPEDA
- 4Whether the withheld information was generated in the course of a formal dispute resolution process under paragraph 9(3)(d) of PIPEDA
- Timeliness of response: Institution contravened obligations
- Access policies: Institution contravened obligations
- Solicitor-client privilege: No finding due to court decisions
- Litigation privilege: No finding due to court decisions
- Access procedures: OPC recommended implementation
- Exemption policies: OPC recommended review
Complaint well-founded in part, impasse on privilege claim
The OPC found Jet Airways contravened PIPEDA by failing to respond to the access request within 30 days and by not having adequate policies for handling access requests and applying exemptions. An impasse was declared on the solicitor-client/litigation privilege claim due to binding court precedents limiting the OPC's investigative authority on this matter.
The OPC recommended that Jet Airways put in place procedures to respond to access requests in accordance with the Act's time limits and requirements, review the documents it is withholding and release any not properly covered by privilege, and review its policies for applying paragraphs 9(3)(a) and 9(3)(d) to ensure proper application.
- subsection 8(3) PIPEDA
- subsection 8(4) PIPEDA
- subsection 8(5) PIPEDA
- subsection 8(7) PIPEDA
- paragraph 9(3)(a) PIPEDA
- paragraph 9(3)(d) PIPEDA
- Principle 4.1.4 Schedule 1 PIPEDA
- Principle 4.9 Schedule 1 PIPEDA
This summary is informational only and not legal advice
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