Table of Contents Table of Contents
Previous Page  59 / 59
Information
Show Menu
Previous Page 59 / 59
Page Background

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.

51