Privacy Commissioner has Jurisdiction to Investigate Transborder Data Flows

The Federal Court of Canada has found that the Personal Information Protection and Electronic Documents Act (PIPEDA) gives the Privacy Commissioner jurisdiction to investigate complaints relating to transborder flows of personal information. The applicant Lawson had filed a complaint with the Privacy Commissioner against a Wyoming-based web site which provided or purported to provide "background checks" on individuals without the consent of the subject and in contravention of PIPEDA. The Commissioner declined to issue a report in the investigation, because the web site, Abika.com, declined to provide its Canadian-based sources of information and the Commissioner had no means by which to compel a response. The Federal Court found that, as a matter of statutory interpretation, the Commissioner had authority to investigate extra-territorially, that such investigation was not contingent upon either the effectiveness of such an investigation or Parliament's intent in legislating extra-territorially. For the full text of the decision (Lawson v Accusearch Inc et al, 2007 FC 125), visit: http://www.canlii.org/ca/cas/fct/2007/2007fc125.html Summary by: Jason Young