Privacy Complaint Process
Introduction
What Is the Privacy Complaint Process?
Applying the same process to each file does not provide the
flexibility to accommodate the unique needs of individual files.
Consequently, we have designed a system that will enable less complex
files to be handled in a summary fashion and give more complex cases
enough time and resources to encourage settlement. All privacy complaint
files will be analysed at the Intake stage to determine the most
appropriate process for the file.
Intake
The Registrar and a team of Analysts are responsible for the following Intake functions.
Screening
The Commissioner has delegated authority to the Registrar
and Analysts to "screen out" files where the IPC has no jurisdiction or
where it has determined that the type of file should not proceed
through the privacy complaint process. Privacy complaints may therefore
be dismissed at the Intake stage.
General Intake Functions
For those files that are not screened out, the Analyst will complete various intake functions including:
- contacting the complainant to clarify the privacy issues;
- explaining the IPC procedures for processing privacy complaints; and
- contacting the institution to obtain its position about the complaint and discussing the possibility of settlement.
Intake Resolution Stream
The Registrar will stream a privacy complaint to the
Intake Resolution Stream if it appears that a quick informal resolution
can be achieved without having to go through a formal investigation.
Investigation Stream
The Registrar will stream all other privacy complaint files to the Investigation Stream. An Investigator will be assigned to:
- clarify the complaint;
- contact the parties, gather information, and attempt settlement
An Investigator may:
- send a Draft Privacy Complaint Report which
includes: a summary of the complaint; a discussion of the information
obtained during the investigation; conclusions; and recommendations (if
any) to the parties, if the file is not settled;
- provide the parties with an opportunity to comment
on any factual errors and/or omissions in the Draft Privacy Complaint
Report;
- send a Final Privacy Complaint Report to the parties
under his/her signature, with the endorsement of the Assistant
Commissioner or Commissioner; and
- follow-up with the institution to ensure that any recommendations have been implemented.
What Are the Advantages of the Privacy Complaint Process?
The main advantages are:
- files that the IPC believes should not proceed through the privacy complaint process will be screened out;
- files will be resolved informally in the Intake
Resolution Stream rather than going through the more formal
Investigation Stream;
- files will be streamed by the Registrar according to their particular or unique needs and
- reports for Investigation Stream files will usually
be publicly available to assist institutions in dealing with similar
issues.