In our earlier posts we discussed and in detail and understood the provisions related to the applicability and non-applicability aspects of PIPEDA. Now we would like to start with another topic which is related to the remedies in case of breach or unauthorized use of personal information.
Division 2 of the PIPEDA deals with the provisions related to remedies and provides filing of complaints. Now today in this article will start discussing about the authority before whom a complaint can be filed and the procedure pertaining to the filing of a complaint.
Division 1.1 mandates an organisation to inform the Commissioner in case of the breach of security safeguards involving personal information under its control and notify an individual of security safeguards and also notify such other organisation or Government institution who may be able to reduce/mitigate the risk of harm. However the time limit it does not prescribe rather it says it should be as soon as feasible after the organization determines that the breach has occureed.
An organisation has to maintain records of breach of security safeguards and on request of the commissioner to provide the access, copy or such records.
FILING OF COMPLAINT (11):
1) a written complaint to be filed by an individual against an organization for acting in contravention to provision of Division 1 and 1.1 and fair principles rules mentioned under schedule 1.
2) If the commissioner is satisfied that there is reasonable ground for investigation then the commissioner may initiate a complaint and he/shall give a notice of complaint to an organisation against whom the complaint is made.
INVESTIGATION OF COMPLAINT (12):
1) under the provisions the commissioner shall conduct the investigation in respect to a complaint made to him unless the complaint has to exhaust grievance or go through with the review procedure.
2) or complaint can be more appropriately dealt with by means of a procedure under the laws of Canada or complaint not filed within the period from date of cause of action/subject matter of complaint arose.
3) If the Commissioner is not investigating the complaint then he/shall notify complainant and organization along with a reason for not doing so. Commissioner may reconsider a decision of not investigating (under sub section 1), if the commissioner is satisfied that the complainant has established that there are compelling reasons to investigate.
In our next post we will discuss the powers of Commissioner and Discontinuance of Investigation.
………… to be continued……