Federal (Canada) Privacy Decisions

Jurisdiction

Federal (Canada)Ontario British Columbia Alberta Saskatchewan Manitoba Quebec Nova Scotia New Brunswick Prince Edward Island Newfoundland and Labrador Yukon Northwest Territories Nunavut

Federal (Canada)Personal Information Protection and Electronic Documents ActDiscontinued

Oct 21, 2014Discontinued Case Summary #2014-004Indexed Jun 30, 2026

Discontinued Case Summary #2014-004: Complaint discontinued on the basis of bad faith as complainant had released the retailer from liability

A retailer

An individual filed a complaint against a retailer, alleging a failure to provide access to personal information under PIPEDA. This complaint arose after the complainant and the retailer had settled a small claims court dispute. As part of that settlement, the complainant had signed a mutual release, receiving financial compensation in exchange for releasing the retailer from all claims and complaints, including those arising under statute, related to events prior to the release date. The OPC found that the complaint was made in bad faith, given the existence of this mutual release. Consequently, the investigation was discontinued under paragraph 12.2(1)(b) of PIPEDA.

Official ↗

How outcomes work

Federal rulings come from two regulators with different statutory authority — outcome filters cover both.

OIC Order (ATIA s.36.1, binding) — Since June 2019 (Bill C-58) the Information Commissioner can issue binding orders requiring disclosure or reconsideration. Enforceable after 31/41 business days unless reviewed by the Federal Court (s.41).

Well-Founded — finding that the complaint is well-founded. For OIC: ATIA s.37(1)(a) finding (may be paired with a s.36.1 order). For OPC: Privacy Act s.35(1) / PIPEDA s.13(1) advisory finding — recommendations only, no binding order-making power.

Not Well-Founded — no contravention found.

s.6.1 Application— the OIC's response to a head's application for authorization to refuse a frivolous, vexatious, or bad-faith access request. Granted = institution may refuse; Denied = institution must respond.

Settled / Resolved / Early-resolved — OPC matter resolved during or before formal findings without a contravention finding.

Declined to investigate / No jurisdiction — Procedural close (Privacy Act s.34, PIPEDA discretion, or scope outside the Acts).

References: ATIA s.36.1 · OPC disposition definitions

About this archive

Condita Research archives Canadian privacy decisions from federal, provincial, and territorial commissioners. Each decision includes an AI-generated plain-language summary. Always verify against the official source document.

Federal (Canada) privacy & access decisions

Discontinued Case Summary #2014-004: Complaint discontinued on the basis of bad faith as complainant had released the retailer from liability

Quick view

Discontinued Case Summary #2014-004: Complaint discontinued on the basis of bad faith as complainant had released the retailer from liability

Filters