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Commissioner's Findings > Findings under the Personal Information Protection and Electronic Documents Act (PIPEDA)
Findings under the Personal Information Protection and Electronic Documents Act (PIPEDA)
Definitions of findings under the Privacy Act
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Not well-founded:
A finding that a complaint is not well-founded
means that the investigation uncovered no evidence to lead
the Commissioner to conclude that the Government
institution violated the complainant's rights under
the Privacy Act.
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Well-founded:
A finding that a complaint is well-founded means
that the Government institution failed to respect the
Privacy Act rights of an individual. This would
also be the Commissioner's finding in a situation
where the Government institution refuses to grant access
to personal information, despite our recommendation that
it be released. In such a case, the next step could be to
seek a review by the Federal Court of Canada.
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Well-Founded/Resolved:
The Commissioner will find a complaint to be
well-founded/resolved when the allegations are
substantiated by the investigation and the Government
institution has agreed to take corrective measures to
rectify the problem.
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Resolved:
Resolved is a formal finding that reflects the
Commissioner's role as an ombudsman. It's for
those complaints where well-founded would be too
harsh to fit what essentially is a miscommunication or
misunderstanding. It means that this Office, after a full
and thorough investigation, has helped negotiate a
solution that satisfies all the parties.
-
Settled During the Course of the
Investigation:
This is not a formal finding but an acceptable means to
dispose of a complaint when the investigation is
completed, and the complainant is satisfied with the
efforts of this Office and doesn't wish to pursue the
issue any further. The complainant retains the right to
request a formal finding. When that happens, the
investigator re-opens the file, and submits a formal
report, and the Commissioner reports the findings in a
letter to the complainant.
-
Discontinued:
This means that the investigation was terminated before
all the allegations were fully investigated. A case may be
discontinued for any number of reasons - for
instance, the complainant may no longer be interested in
pursuing the matter or cannot be located to provide
additional information critical to reaching a conclusion.
The Commissioner does not issue a formal finding in
discontinued complaints.