Canadian Privacy Decisions

An individual complained that a retailer withheld access to her personal information, which she stated was necessary for ongoing litigation between them. The Office of the Privacy Commissioner of Canada (OPC) declined to investigate, finding that court procedures offered a more appropriate means for the complainant to address her access issues. The OPC noted that a provincial court judge had indicated the complainant could seek further disclosure through cross-examination. Therefore, the OPC determined that the complaint could be more appropriately dealt with by the court.

• Whether court procedures provide a more appropriate means to address access issues related to ongoing litigation.
• Whether the retailer contravened PIPEDA by refusing access to personal information based on litigation privilege.
• Whether the OPC should decline to investigate when court procedures can address the access issues.