Annual Report to Parliament 2013 - page 47

Appendices
Investigation
(on previous page)
Analysis
The investigator analyses the facts and prepares recommendations to the
Privacy Commissioner or his delegate.
The investigator will contact the parties and review the facts gathered
during the course of the investigation. The investigator will also advise
the parties of his or her recommendations, based on the facts, to the
Privacy Commissioner or his delegate. At this point, the parties may make
further representations.
Analysis will include internal consultations with, for example, the OPC’s
Legal Services, Research, or Policy Branches, as appropriate.
Findings
The Privacy Commissioner or his delegate reviews the
file and assesses the report. The Privacy Commissioner
or his delegate (not the investigator) decides what
the appropriate outcome should be and whether
recommendations to the organization are warranted.
Preliminary Report
If the results of the investigation indicate that there likely has been a
contravention of PIPEDA, the Privacy Commissioner or his delegate
recommends to the organization how to remedy the matter, and asks the
organization to indicate within a set time period how it will implement the
recommendation.
Final Report of Findings
The Privacy Commissioner or his delegate sends the report of findings to the parties. The report outlines the basis of the complaint, the relevant findings of
fact, the analysis, and the response of the organization to any recommendations made in the preliminary report.
(The possible findings are described in the Definitions Section of this Appendix.)
In the cover letter to the report of findings, the Privacy Commissioner or his delegate informs the complainant of his or her rights of recourse to the Federal
Court.
Where recommendations have been made to an organiza-
tion, but have not yet been implemented, the OPC will ask the
organization to keep us informed, on a predetermined schedule
after the investigation, so that we can assess whether corrective
action has been taken.
The complainant or the Privacy Commissioner may choose to apply to the
Federal Court for a hearing of the matter. The Federal Court has the power
to order the organization to correct its practices. The Court can award
damages to a complainant, including damages for humiliation. There is no
ceiling on the amount of damages.
Settled
The OPC seeks to resolve complaints and to prevent contra-
ventions from recurring. The OPC helps negotiate a solution
that satisfies all involved parties during the course of the
investigation. The investigator assists in this process.
No Jurisdiction
The OPC determines that PIPEDA does not apply to the
organization or activities being complained about.
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