In my view, PIPEDA should clarify the issue of the retention of data over time, provide for an obligation for organizations, and also provide a direct right to litigants. The direct rights of litigants are one of the conditions for adequacy. As with the enforceable orders and fines, paragraph 45(2)(b) of the Regulation tells us to look at whether the supervisory authority is truly independent and has adequate enforcement powers.
On February 23rd, 2017. See this statement in context.