There is another point I'd like to make as well about the deference piece that's really important to recognize. In a situation where the Privacy Commissioner is faced with a de novo proceeding at a court, the amount of time, resources and effort required on the part of the commissioner to litigate that single case would be absolutely significant.
Over time, what we expect would happen is that this would start to detract from the ability of the commissioner to have the appropriate resources to dedicate to new investigations, new work, new engagement and new advocacy functions, because more and more of it would get tied up in working through the litigation process. Some of these cases could take several years, depending on how many levels of court the case goes to.
Not only does it slow down access to justice for the original complainants, not only does it slow down the system in terms of tying up court time, it also ties up the commissioner's time significantly. That means that there are fewer resources available to focus on investigations and the challenges that are appearing out there in the market.