Canadian privacy & access decisions

The complainant alleged that Jet Airways failed to provide complete access to her personal information related to an incident where she and her companion were removed from a flight. Jet Airways initially failed to respond to the access request within the 30-day timeframe, citing potential litigation and staff medical leave. While Jet Airways eventually provided the Passenger Name Record, it withheld other documents, claiming solicitor-client privilege (including litigation privilege) and that the information was generated during a formal dispute resolution process. The OPC found that Jet Airways contravened its obligations regarding timely response and proper policies for handling access requests and applying exemptions. However, due to binding court decisions, the OPC could not make a finding on the specific application of solicitor-client/litigation privilege to the withheld documents, leading to an impasse on that issue. The OPC recommended that Jet Airways implement proper access request procedures and review its policies for applying exemptions.

• Whether Jet Airways responded to the access request within the prescribed 30-day time period under subsection 8(3) of PIPEDA
• Whether Jet Airways had appropriate policies and practices to give effect to Principle 4.1.4 of Schedule 1 of PIPEDA
• Whether the withheld information was protected by solicitor-client privilege or litigation privilege under paragraph 9(3)(a) of PIPEDA
• Whether the withheld information was generated in the course of a formal dispute resolution process under paragraph 9(3)(d) of PIPEDA