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ARTICLE · 16 MARCH 2017

PIPEDA May Not Apply To Information Collected To Defend A Lawsuit

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The OPC rules that collection or use of personal information to defend a lawsuit does not constitute "commercial activity"

CanadaLitigation, Mediation & Arbitration
Molly Reynolds
Molly Reynolds
Eliot Che
Eliot Che
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The OPC rules that collection or use of personal information to defend a lawsuit does not constitute "commercial activity"



A recent decision by the Office of the Privacy Commissioner of Canada (OPC) has confirmed that personal information collected or used in the course of defending a lawsuit is exempt from the Personal Information Protection and Electronic Documents Act (PIPEDA).1 In making its finding, the OPC applied a Federal Court decision, which held that such collection of evidence is protected by litigation privilege and is not a "commercial activity" contemplated by PIPEDA—even if third parties are retained to carry out or conduct that activity on the defendant's behalf. 2

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