OBA Eye on Privacy: 3web vs. Gorman: A Case Comment
Article originally published in OBA Privacy Law Review, Volume 7, Number 1, October 2006
Excerpt from "OBA Eye on Privacy: 3web vs. Gorman: A Case Comment":
Judicial review of a report of the Privacy Commissioner of Canada is an option available to an organization that is dissatisfied with a finding made against it.1 Although a statutory right to a judicial hearing is available only to complainants under the Personal Information Protection and Electronic Documents Act (PIPEDA),2 if the Privacy Commissioner has exceeded her jurisdiction, an organization may seek recourse from an adverse finding through judicial review. This is entirely consistent with well-accepted principles of administrative law and the Federal Court Act.3
In 2005, the Federal Court of Canada confirmed the availability of judicial review in the privacy context. In 3web Corp. v. Gorman, the Court dismissed a motion brought by the Privacy Commissioner to strike 3web’s application for judicial review.4 In dismissing the motion, the Court confirmed that a party against whom a privacy complaint is made is not without recourse against the Privacy Commissioner’s adverse findings.