PIPEDA- Data Protection tale of Canada, Part-6

So far we are done with the meaning, principles and complaint procedure under PIPEDA. Now in this post we shall discuss the power of Commissioner and Discontinuance of Investigation.

Picture credit- https://www.priv.gc.ca/

Powers of Commissioner (12.1):

  1. Summon and enforce the Appearance: 

As per the powers conferred upon the Commissioner under the PIPEDA a Commissioner can summon and compel the appearance of a person before it  in order to give written or oral evidence on oath and may order to produce any records and things which the Commissioner thinks necessary in order to investigate the Complaint. 

  1. Administer Oath:

A commissioner may administer any person on oath.

  1. Receive and accept any evidence:

A commissioner may accept and receive any evidence and other information whether on oath or affidavit or otherwise what he sees fit, irrespective of admissibility in the court of law. 

  1. Inquiry: 

A Commissioner may carry out any inquiries at any premises or have conversation in private with any person.

  1. Examination:

A Commissioner may examine or obtain any copies or extracts from any records if it finds it relevant with the investigation. 

What are the grounds on which investigation can be discontinued?

There are several grounds mentioned under 12.2 (1) on which an investigation can be discontinued if the Commissioner is of opinion that- 

  1. There is insufficient evidence to pursue the investigation
  2. Complaint is trivial, vexatious or frivolous or made in bad faith.
  3. The Accused organisation has provided a fair and reasonable response with respect to the complaint.
  4. The matter of the complaint is the object of the compliance entered into under subsection 17.1(1).
  5. The matter is already an object of ongoing investigation and already has been a subject of a report by the Commissioner. 

The Commissioner may discontinue an investigation if he/she is of the opinion that an act would constitute a contravention of section 6 to 9 of an act (PIPEDA) to promote and efficiency and adaptability of the canadian economy (please refer to the sections).

The Commissioner to notify the Complainant and the organisation for discontinuance stating the reasons. 

……. to be continued…….