Individual denied access to personal information

PIPEDA Case Summary #2002-111

[Principle 4.9.4 of Schedule 1]

Complaint

An individual complained that his bank was asking too high a fee to provide him with a copy of his personal information.

Summary of Investigation

The complainant was involved in a protracted claims dispute with the insurer of his bank loan. During the course of resolving this matter, he requested from his bank access to information related to his loan. The bank responded by indicating that it had the documents, but that the individual would have to pay $150 to obtain them. Alternatively, the bank offered to let the individual or his representative attend the bank to view the file.

The bank explained that the amount being requested was a conservative estimate of the time and activity devoted to producing the information. The bank felt that the fee was reasonable and in keeping with its policy to provide information at minimal cost in response to more complicated requests.

After the intervention of this Office the complainant and the bank agreed to a much lower fee, to the satisfaction of the client.

Commissioner's Findings

Issued December 19, 2002

Jurisdiction: As of January 1, 2001 the Personal Information Protection and Electronic Documents Act (the Act) applies to any federal work, undertaking, or business. The Commissioner had jurisdiction in this case because a bank is a federal work, undertaking, or business as defined in the Act.

Application: Principle 4.9.4 states in part that an organization shall respond to an individual's request within a reasonable time and at minimal or no cost to the individual.

While the bank asserted that it was trying to recover its costs and had provided the complainant with what it thought was a reasonable estimate, the Commissioner disagreed and found it in contravention of Principle 4.9.4. However, the bank agreed to a much lower fee.

The Commissioner therefore concluded that the complaint was well-founded and resolved.