Statutory Review of the Personal Information Protection and Electronic Documents Act (PIPEDA)
January 15, 2008
Commissioner's Authority — Frivolous and Vexatious Claims
It is important that the OPC be in a position to be a responsive body to the privacy needs of Canadian consumers and businesses. One challenge that is well-known to the OPC and businesses alike is the ‘repeat business' of some individuals who file frivolous or vexatious complaints.
Currently, the OPC lacks the power to dismiss such complaints and must conduct an investigation on every complaint it receives.
This is not the most efficient use of time and resources at the OPC and RCC is concerned that if something is not done to give the Commissioner greater authority here the OPC will not be able to respond in an effective way to the many legitimate complaints that arrive at her Office every day.
Recently, the Government of Alberta's PIPA review recommended that its Commissioner be given clear and explicit powers when it comes to dismissing frivolous or vexatious filings.
RCC would support the extension of a similar power to the Federal Commissioner so that her office can more efficiently and effectively fulfil its mandate.