PIPEDA Fair Information Principle 10 – Challenging Compliance

Your responsibilities as a business

  • Comply with all 10 of the principles of Schedule 1.
  • Develop simple and easily available complaint procedures.
  • Inform complainants of their avenues of recourse. These include your organization's own complaint procedures, those of industry associations, regulatory bodies and the Office of the Privacy Commissioner of Canada.
  • Investigate all complaints received.
  • Take appropriate measures to correct information handling practices and policies.

How to fulfill these responsibilities

  • Record the date received and the nature of a complaint, for example:
    • January 15, 2017 - delay in responding to a request,
    • May 3, 2017 - incomplete or inaccurate response, or
    • June 18, 2017 - improper collection, use, disclosure or retention.
  • Acknowledge receipt of the complaint promptly.
  • Contact the individual to clarify the complaint, if necessary.
  • Assign the matter to a person with the skills necessary to review it fairly and impartially. Provide that person with access to all relevant records, employees or others who handled the personal information or access request.
  • Notify individuals of the outcome of investigations clearly and promptly, informing them of any relevant steps taken.
  • Correct any inaccurate personal information or modify policies and procedures based on the outcome of complaint. Ensure employees in your organization are aware of any changes to these policies and procedures.

Tips

  • Ensure that staff members are aware of the policies and procedures for complaints, and to whom these complaints should be referred within your organization.
  • Record all your decisions to ensure consistency in applying the Act.
  • Handling a complaint fairly and properly may help to preserve or restore your customer’s confidence and trust in your organization.
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