Canadian privacy & access decisions

A client sought access to her personal information from her former lawyer. The lawyer refused access, citing outstanding fees and asserting a solicitor's lien on the client's file, believing that providing access could jeopardize payment. The OPC noted that PIPEDA's subsection 9(3) provides an exhaustive list of reasons for refusing access, which does not include a solicitor's lien. Therefore, lawyers must grant access to personal information even if a valid lien exists. The OPC suggested that allowing the individual to view, but not copy, the information could balance the right to access with the lien. The lawyer subsequently provided a complete copy of the file, and the complaint was settled.

• Whether a solicitor's lien is a valid ground to refuse access to personal information under PIPEDA
• Whether subsection 9(3) of PIPEDA provides an exhaustive list of circumstances for refusing access