The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Tuesday, July 29, 2008

PIPEDA Finding: Residental property appraisal is the owner's personal information 

It's been a while since we've seen a published PIPEDA finding that wasn't from a high-profile case.

In this case, a bank refused to provide a customer with access to the appraisal conducted by the bank of the customer's property. The bank argued it was about the property and not about him. Further, they argued it was confidential commercial information. The Assistant Commissioner did not agree:

Commissioner's Findings - PIPEDA Case Summary #: Residential Property Appraisal Documents are Owners’ Personal Information (May 7, 2008)

The Assistant Commissioner first examined the question of whether the residential property appraisal should be defined as personal information under section 2 of the Act. After considering both the bank’s views and the CBA’s, as well as this Office’s earlier deliberation on the same question in another finding, the Assistant Commissioner remained of the opinion that, since the property was in the complainant’s name, the information relating to the property, including its market value, was his personal information. He therefore had a right of access to it.

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