Settled Case summary #30: Solicitor’s lien insufficient grounds to deny access to personal information (November 15, 2007)

A client sought access to her personal information from her former lawyer. The lawyer refused access, citing outstanding fees and asserting a solicitor's lien on the client's file, believing that providing access could jeopardize payment. The OPC noted that PIPEDA's subsection 9(3) provides an exhaustive list of reasons for refusing access, which does not include a solicitor's lien. Therefore, lawyers must grant access to personal information even if a valid lien exists. The OPC suggested that allowing the individual to view, but not copy, the information could balance the right to access with the lien. The lawyer subsequently provided a complete copy of the file, and the complaint was settled.