Legal information related to the Privacy Act

Court Applications under section 41 of the Privacy Act

Under section 41 of the Privacy Act, an individual may request a hearing before the Federal Court of Canada only in relation to a refusal by a government institution to provide an individual access to his or her personal information held by the government institution about which a complaint was made to the Privacy Commissioner of Canada.

Considering that a section 41 application is a legal proceeding commenced in the Federal Court of Canada, our Office has prepared a document which is intended to guide complainants through the process of applying for such a hearing. You can access this document by clicking on the link below:

Section 41 of the Privacy Act – Court Review of Refusals to Give Access to Personal Information

For more information and for sample documents, please refer to the Federal Courts Rules, which can be found on the Federal Court website at http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Acts_Rules_Forms.

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