That's okay. It's a good thing I have written remarks.
I was just talking about the difficulty in the insurance context, because very often requests are made during the litigation process for privileged documents.
With respect, we submit that it was highly unlikely that Parliament intended an interpretation of PIPEDA that would permit the circumvention of privilege in this manner. Parliament would not have sanctioned this result.
We also have to ask, what happens if the commissioner finds that documents, which are the subject of a complaint, are not privileged or that they must be disclosed anyway? Then what?
Ann MacKenzie will address this issue with you.