ARTICLE · 10 JANUARY 2013

No Right To Audio Recording Or Customer Service Representative’s Name: OPC Guidance On Access Rights

Dentons Canada LLP

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On December 13, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-004 (August 22, 2012) relating to the unauthorized disclosure to an imposter of a cell phone customer’s account information.

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On December 13, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-004 (August 22, 2012) relating to the unauthorized disclosure to an imposter of a cell phone customer's account information. In addition, the Report of Findings addresses the scope of an individual's access rights under the Personal Information Protection and Electronic Documents Act (PIPEDA). It is this aspect of the decision that is the subject of this post.

PIPEDA Access Rights

Principle 4.9 of Schedule 1 to PIPEDA provides that "an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information". Subsection 8(1) of PIPEDA requires that a request for access be made in writing. Pursuant to subsection 8(3) of PIPEDA, an organization must respond to the request within 30 days subject to certain exceptions. Notwithstanding an individual's access right under Principle 4.9, an

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