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Canadian Privacy Decisions

The comprehensive archive of Canadian privacy decisions from federal, provincial, and territorial commissioners — with AI-summarized plain-language summaries for every decision.

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Federal (Canada)Ontario British Columbia Alberta Saskatchewan Manitoba QuebecIn Progress Nova Scotia New Brunswick Prince Edward Island Newfoundland and Labrador

Federal (Canada)Personal Information Protection and Electronic Documents ActDeclined to investigate

Sep 11, 2013Declined to Investigate Case Summary #2013-001· Indexed Apr 12, 2026

Declined to Investigate Case Summary #2013-001: Court procedures provided a more appropriate means to address access issues in ongoing litigation between complainant and retailer

A retailer

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.

Official ↗

Outcome Notes

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. Includes well-founded, well-founded & resolved, well-founded & conditionally resolved, well-founded & unresolved.

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

Breach of Privacy is the one-stop archive for 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.

Canadian Privacy Decisions

Declined to Investigate Case Summary #2013-001: Court procedures provided a more appropriate means to address access issues in ongoing litigation between complainant and retailer

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Declined to Investigate Case Summary #2013-001: Court procedures provided a more appropriate means to address access issues in ongoing litigation between complainant and retailer

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