Canadian privacy & access decisions

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.

• Whether the complaint was made in bad faith under paragraph 12.2(1)(b) of PIPEDA
• Whether a mutual release agreement impacts the validity of a subsequent privacy complaint