Federal (Canada) privacy & access decisions

An individual (the plaintiff) filed a complaint after a psychiatrist, retained by an insurance company to assess the plaintiff's well-being for a civil lawsuit, did not provide full access to his personal information. The plaintiff had requested access to his personal information held by the psychiatrist and received only a redacted report, leading to concerns about the completeness and accuracy of the information. The OPC investigated whether the psychiatrist's collection and use of the plaintiff's personal information constituted a "commercial activity" under PIPEDA. The OPC determined that defending against a civil lawsuit is not a commercial activity, and therefore, PIPEDA did not apply. The complaint was ultimately dismissed due to lack of jurisdiction.

• Whether the collection and use of a plaintiff’s personal information for the purpose of defending against a civil lawsuit constitutes a "commercial activity" under PIPEDA
• Whether PIPEDA applies to the activities of a third-party retained to carry out an activity exempt from PIPEDA