It's important first to point out that the Commissioner doesn't currently have decision-making authority. The Commissioner publishes an investigation report that contains recommendations and if the business doesn't want to comply with them, that's when the Commissioner or complainant can take the business to court.
We looked into this issue and found that, from 2003 to 2024, some 50 decisions concerned an investigative report prepared by the Commissioner and that, in 70% of those cases, the court did not agree with the Commissioner's findings and investigation report.
More recently, in a case involving the Commissioner and Facebook, the Federal Court found that the Commissioner had not discharged his burden of proof. He hadn't really made his case. It should also be noted that the Commissioner appealed that decision. As we said, since that's obviously a long process, we'll have to see how long we have to wait for a final decision in the case. It doesn't always happen that way, but it nevertheless happens often enough.