Our interpretation of PIPEDA is that there is no clear right of appeal for the respondent to a PIPEDA complaint. This is raised in our September submission at tab 2, page 3, and in our current written submission at page 5—and our current written submission is translated into French, my apologies.
This issue that we're raising today wasn't raised in the commissioner's oral testimony before the committee, or in her written submission or the résumé of submissions received from third parties. We think it's very important that we should bring it to your attention.
Section 14 of PIPEDA allows the applicant to appeal a finding of the Privacy Commissioner to the Federal Court. There is no such explicit right of the respondent. We respectfully submit that this is a matter that should be corrected in this statutory review. The powers of the Privacy Commissioner are significant powers that may profoundly affect a commercial interest. To allow one party a right of appeal and to deny another party the same fundamental right or opportunity is inconsistent with the common law standards of fairness. We ask the committee to consider recommending to Parliament that the statute be amended to explicitly provide for a right of appeal for the respondent.
In addition, we ask this committee to consider addressing the current practice of the Privacy Commissioner regarding disclosure of complaints. Based on our experience, it seems that the identity of a complainant is not always disclosed to the respondent, nor is the complete original complaint. Rather, the respondent receives a paraphrase.
PIPEDA was intended to be a general guideline for a principled approach to the collection, use, and disclosure of personal information, not to create a parallel justice system. All Canadians would benefit from a clarification of the commissioner's powers, so that we understand with certainty and confidence the standards that are being applied.
In closing, on behalf of the Dominion, I wish to thank the committee for hearing us today and for indulging us. We commend the Privacy Commissioner and this committee for such careful consideration of the matters before us.
Thank you.