Legal information related to the Privacy Act
In the Courts
The Privacy Commissioner may be involved in a review before the Federal Court pursuant to section 42 of the Privacy Act, by applying to appear before the Federal Court in cases where a federal institution has denied an individual access to his or her personal information. As well, the Commissioner may occasionally be the subject of an application for judicial review.
Our Office may also seek to become involved as an intervener in other matters before the courts or other tribunals. We may seek leave to intervene in order to clarify issues around the interpretation of particular provisions of the Privacy Act, or in order to offer a court or tribunal our perspective on other legal issues involving privacy and/or the protection of personal information (for example, the extent of the application of the open courts principle to administrative tribunals.)
Our Office’s involvement in judicial proceedings pertaining to the Privacy Act is documented our Annual Reports to Parliament.