Federal (Canada) privacy & access decisions

An individual filed a complaint against a retailer, alleging that the retailer withheld access to her personal information, contravening subsection 8(3) and Principle 4.9 of PIPEDA. The complainant and retailer were involved in ongoing small claims court litigation, and the complainant stated the information was necessary for her case. The retailer refused access, citing litigation privilege and prior disclosure. The OPC declined to investigate the complaint, finding that the court's procedures provided a more appropriate means for the complainant to address the access issues. This decision was based on avoiding conflict with provincial court rules and ensuring judicious use of public resources.

• Whether the complaint could more appropriately be dealt with by means of a procedure provided for under the laws of a province under paragraph 12(1)(b) of PIPEDA
• Whether the retailer withheld access to personal information in contravention of subsection 8(3) of PIPEDA
• Whether the retailer withheld access to personal information in contravention of Principle 4.9 of Schedule 1 of PIPEDA